Polk County Board of Health Rules and Regulations

Chapter V‐Air Pollution

Effective Date: October 12, 2015
Polk County Board of Health Rules and Regulations

Chapter V. Air Pollution

TABLE OF CONTENTS

5‐1.  PURPOSE AND AMBIENT AIR QUALITY STANDARDS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4

5‐2.  DEFINITIONS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4

5‐3.  DUTIES OF THE HEALTH OFFICER. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 25

5‐4.  POWERS OF THE HEALTH OFFICER. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 25

5‐5.  INCINERATORS PROHIBITED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 28

5‐6.  INCINERATION – EMISSION STANDARDS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 28

5‐7.  OPEN BURNING PROHIBITED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 29

5‐8.  LIMITATION OF VISIBLE AIR CONTAMINANTS FROM SPECIFIC SOURCES. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 33

5‐9.  GENERAL LIMITATION OF VISIBLE AIR CONTAMINANTS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 33

5‐11.  EMISSION OF AIR CONTAMINANTS FROM FUEL‐BURNING EQUIPMENT ‐ GENERALLY ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 35

5‐12.  EMISSION LIMITATIONS.‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 35

5‐13  EXCEPTIONS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 36

5‐14.  EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES ‐ GENERALLY ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 37

5‐15.  GENERAL EMISSION STANDARDS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 37

TABLE I ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 38

5‐16.  SPECIFIC EMISSION STANDARDS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 39

5‐17.  EXCESS EMISSIONS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 53

5‐18.  TESTING AND SAMPLING OF NEW AND EXISTING EQUIPMENT. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 56

5‐19.  TEST FACILITIES. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 59

5‐20.  NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR SOURCE

CATEGORIES. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 61

5‐21  RESERVED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 82

5‐22  RESERVED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 82

5‐23.  FUGITIVE DUST ‐ GENERALLY. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 83

5‐24. FUGITIVE DUST – PRECAUTIONS TO MINIMIZE AIR POLLUTION. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 84

5‐25.  FUGITIVE DUST AIRBORNE MATERIAL PROHIBITED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 84

5‐26.  FUGITIVE DUST ‐EXCEPTIONS.‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 84

5‐27.  SULFUR DIOXIDE AND SULFURIC ACID MIST. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 85

5‐28.  CONSTRUCTION PERMIT REQUIRED‐ AIR QUALITY DIVISION (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 86

5‐29.  APPLICATION FOR A CONSTRUCTION PERMIT (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 87

5‐30.  PROCESSING OF APPLICATIONS FOR CONSTRUCTION PERMITS (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 87

5‐31.  ISSUANCE OF CONSTRUCTION PERMITS (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 88

5‐32.  DENIAL OF CONSTRUCTION PERMIT (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 88

5‐33.  EXEMPTIONS FROM CONSTRUCTION PERMIT REQUIREMENTS (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 89

5‐34.  CONSTRUCTION PERMIT FILING AND REVIEW FEES (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 96

5‐35.   ANNUAL OPERATING PERMIT REQUIRED (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 97

5‐36.  APPLICATION FOR ANNUAL OPERATING PERMIT (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐99

5‐37.  PROCESSING OF AN APPLICATION FOR ANNUAL OPERATING PERMITS (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 100

5‐38.  PERFORMANCE TEST – ANNUAL OPERATING PERMIT (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 101
5‐39. EXEMPTIONS FROM ANNUAL OPERATING PERMIT REQUIREMENT. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 101

5‐39. EXEMPTIONS FROM ANNUAL OPERATING PERMIT REQUIREMENT (CONTINUED). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 108

5‐40.  ISSUANCE OF ANNUAL OPERATING PERMIT (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 108

5‐41.  DENIAL OF ANNUAL OPERATING PERMIT (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 108

5‐42.  ANNUAL OPERATING PERMIT NOT TO EXCUSE VIOLATION. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 109

5‐43.  INSPECTION‐ANNUAL OPERATING PERMIT. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 109

5‐44.  SUSPENSION OF ANNUAL OPERATING PERMIT (AQD). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 109

5‐45.  TERMINATION OF SUSPENSION. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 109

5‐46.  ADDITIONAL ANALYSIS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 110

5‐47.  SUBMISSION OF INFORMATION. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 110

5‐48.  CIRCUMVENTION OF CHAPTER PROHIBITED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 110

5‐49  TEMPORARY ELECTRICITY GENERATION FOR DISASTER SITUATIONS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 110

5‐51 THROUGH 5‐55 RESERVED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 112

5‐56.  COMPLIANCE SCHEDULES REQUIRED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 113

5‐57.  PROGRESS REPORTS REQUIRED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 114

5‐58  SPECIAL REQUIREMENTS FOR NON‐ATTAINMENT AREAS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 117

5‐59  APPLICATION FOR VARIANCE. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 118

5‐60  PROCESSING OF APPLICATION FOR VARIANCE. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 118

5‐61  DECISION. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 119

5‐63.  COMPLAINTS FILED. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 120

5‐64.  SEALING – SEALING OF OFFENDING EQUIPMENT. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 120

5‐65.  HEARING. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 120

5‐66.  EFFECT OF COMPLAINT. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 122

5‐67.  JUDICIAL REVIEW. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 123

5‐68.  MONITORING DURING EMERGENCY AIR POLLUTION EPISODES. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 124

5‐69.  NOTICE TO STATE OFFICIALS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 124

5‐70.  ACTION IN EMERGENCIES. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 124

5‐71.  NOTICE OF COMPLIANCE. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 124

5‐72.  AIR POLLUTION EPISODE WARNING TO RESIDENTS. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 124

5‐73.  EMISSIONS IN EXCESS OF LIMITATIONS OF THIS CHAPTER DECLARED TO BE A PUBLIC NUISANCE. ‐‐‐‐‐‐ 125

5‐74.  NOTICE OF VIOLATION. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 125

5‐75.  PENALTY. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 125

5‐76.  ACTION TO ENJOIN. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 128

5‐77.  SEVERABILITY. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 129
ARTICLE I: IN GENERAL 

4 

5‐1.  Purpose and Ambient Air Quality Standards.

(a)   It is hereby declared that the purpose of this chapter is to establish standards for the control of

air pollution in the county for the purpose of protecting the public health, safety and general

welfare in accordance with 455B Code of Iowa.

(b) Further, it is hereby declared that Polk County's ambient air quality standards shall be the

national Primary and Secondary Ambient AirQuality Standardsin 40 Code of Federal Regulations

(C.F.R.) Part 50, as adopted by reference in 567 IAC 28.1 (455B) Statewide standards.

(c)  

All references to 567 IAC Chapter 20 are amended through March 18, 2015. 

All references to 567 IAC Chapter 21 are amended through September 10, 2008. 

All references to 567 IAC Chapter 22 are amended through. March 18, 2015. 

All references to 567 IAC Chapter 23 are amended through March 18, 2015. 

All References to 567 IAC Chapter 24 are amended through October 20, 2010. 

All references to 567 IAC Chapter 25 are amended through March 18, 2015. 

All references to 567 IAC Chapter 26 are amended through November 16, 2008. 

All references to 567 IAC Chapter 28 are amended through September 18, 2013. 

All references to 567 IAC Chapter 29 are amended through April 8, 1998. 

All references to 567 IAC Chapter 33 are amended through March 18, 2015. 

All references to 567 IAC Chapter 34 are amended through October 7, 2009. 

   

5‐2. Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:

"Act" means the Clean Air Act , 42 U.S.C. 7401 et seq.

"Actual emissions" means the actual rate of emissions of a pollutant from an emissions unit as

determined in accordance with paragraphs A through C of this definition.

(A) In general, actual emissions as of a particular date shall equalthe average rate, in tons per

year, at which the unit actually emitted the pollutant during a two‐year period which

precedesthe particular date and which isrepresentative of normalsource operation.  The

reviewing authority shall allow the use of a different time period upon a determination

that it is more representative of normal source operation.  Actual emissions shall be

calculated using the unit's actual operating hours, production rates, and types of

materials processed, stored, or combusted during the selected time period.

(B) The reviewing authority may presume thatthe source‐specific allowable emissionsforthe
ARTICLE I: IN GENERAL 

5 

unit are equivalent to the actual emissions of the unit.

(C) For any emissions unit which has not begun normal operations on the particular date,

actual emissions shall equal the potential to emit of the unit on that date.

"Administrator"meansthe Administrator ofthe Environmental Protection Agency (EPA) or an authorized

representative.

   

"Air contaminant" means any gaseous, liquid, or particulate matter which, when present in the

atmosphere, contributes to a condition of air pollution, including but not limited to dust, sooty mists,

smoke, fumes, fly ash, cinders, gases, vapors, or any combination thereof.

"Air contaminantsource"means any and allsources of emission of air contaminants whether privately or

publicly owner or operated.    Air contaminant source includes, but is not limited to, all types of

businesses, commercial and industrial plants, works, shops, and stores, heating and power plants and

stations, buildings and other structures of all types including single/multiple family residences, office

buildings, hotels,restaurants,schools, hospitals, churches and otherinstitutional buildings, automobiles,

trucks, tractors, buses, aircraft, and other motor vehicles, garages, vending and service locations and

stations, railroad locomotives, ships, boats, and other water‐borne craft, portable fuel‐burning

equipment, indoor and outdoorincinerators of alltypes,refuse dumps and piles, and allstacks and other

chimney outlets from any of the foregoing.

"Air pollution" means the presence in the atmosphere of one or more air contaminants in sufficient

quantities and ofsuch characteristic and duration which isinjurious ortendsto be injuriousto the public

health, safety or welfare, or injurious to animal or plant life, or property, or which interferes with the

reasonable enjoyment of life or property or the conduct of business.

"Air pollution alert" meansthat action condition declared when the concentrations of air contaminants

reach the level at which the first stage control actions are to begin.

"Air pollution emergency" means that action condition declared when the air quality is continuing to

degrade to a level that should never be reached, and that the most stringent control actions are

necessary.

"Air pollution episode" means a combination of forecast or actual meteorological conditions and

emissions of air contaminants which may or do present an imminent and substantial endangerment to

the health of persons, during which the chief meteorological factors are the absence of winds that

disperse air contaminants horizontally and a stable atmospheric layer which tends to inhibit vertical

mixing through relatively deep layers.

"Air pollution forecast" means an air stagnation advisory issued to the Local Program, the commission,

and to appropriate air pollution control agencies by an authorized Air Stagnation Advisory Office of the

National Weather Service predicting that meteorological conditions conducive to an air pollution episode

may be imminent.  This advisory may be followed by a prediction ofthe duration and termination ofsuch
ARTICLE I: IN GENERAL 

6 

meteorological conditions.

"Air pollution warning" means that action condition declared when the air quality is continuing to

degrade from the levels classified as an air pollution alert, and where control actionsin addition to those

conducted under an air pollution alert are necessary.

"Air quality standard" means an allowable level of air contaminant or atmospheric air concentration

established by this chapter.              

"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum

rated capacity ofthe source (unlessthe source issubjectto federally enforceable limits which restrictthe

operating rate, or hours of operation, or both) and the most stringent of the following:

(A) The applicable standards set forth in 40 CFR Part 60, 61 or 63 as amended in 567 IAC

23.1(2) and 23.1(3);

(B) Any applicable State Implementation Plan emissions limitation including those with a

future compliance date; or

(C) The emissionsrate specified as a federally enforceable permit condition, including those

with a future compliance date.

"Ambient air" meansthat portion of the atmosphere, external to buildings, to which the general public

has access.  Ambient air does not include the atmosphere over land owned or controlled by the source

and to which public access is precluded by a fence or other physical barriers.

“Anaerobic lagoon” means an impoundment, the primary function of which is to store and stabilize

organic wastes. The impoundment is designed to receive wastes on a regular basis and the design

waste loading rates are such that the predominant biological activity in the impoundment will be

anaerobic.

An anaerobic lagoon does not include:

a. A runoff control basin which collects and stores only precipitation induced runoff from an

open feedlot feeding operation; or

b. A waste slurry storage basin which receives waste discharges from confinement feeding

operations and which is designed for complete removal of accumulated wastes from the

basin at least semiannually; or

c. Any anaerobic treatment system which includes collection and treatment facilities for all off

gases.

“AQD” means the Air Quality Division of Polk County.

"ASME" meansthe American Society of Mechanical Engineers, Three Park Avenue, New York, New York

10016‐5990.

"ASTM" means the American Society for Testing and Materials, 1916 Race Street, Philadelphia,
ARTICLE I: IN GENERAL 

7 

Pennsylvania.

"Atmosphere" means all space outside of buildings, stacks or exterior ducts.

"Auxiliary fuel firing equipment" means equipment to supply additional heat, by the combustion of an

auxiliary fuel, forthe purpose of attaining temperaturessufficientto dry and ignite the wastematerial,to

maintain ignition thereof, and to promote complete combustion of combustible gases,solids, and vapors.

   

“Biodiesel Fuel” means a renewable, biodegradable, mono alkyl ester combustible liquid fuel derived

from agricultural plant oils or animal fat such as, but not limited to, soybean oil.  For purposes of this

definition, “biodiesel fuel” must alsomeetthe specifications of American Society for Testing and Material

Specifications (ASTM) D 6751‐02, “Standard Specification for Biodiesel Fuel (B100) Blend Stock for

Distillate Fuels”, and be registered with the U.S. Environmental Protection Agency as a fuel and a fuel

additive under Section 211(b) of the Clean Air Act, 42 U.S.C. Sections 7401, etseq. as amended through

November 15, 1990.

"Building structure, facility, orinstallation" means all ofthe pollutant‐emitting activities which belong to

the same industrial grouping, are located on one or more contiguous or adjacent properties, and are

under the control of the same person (or persons under common control) except the activities of any

vessel.  Pollutant‐emitting activities shall be considered as part of the same industrial grouping if they

belong to the same Major Group (i.e., which have the same two digit code) as described in the Standard

Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing

Office stock numbers 4101‐0066 and 003‐005‐00176‐0, respectively).

"Btu" means British Thermal Unit, the quantity of heat required to raise one pound of water from 59

degrees Fahrenheit to 60 degrees Fahrenheit.

"Carbonaceous fuel" means any form of combustible matter (whether solid, liquid, vapor, or gas)

consisting primarily of carbon‐containing compoundsin eitherfixed or volatile form, and which is burned

primarily for its heat content.

"Chimney orstack" meansflue, conduit, or duct permitting the discharge or passage of air contaminants

into the atmosphere, or constructed or arranged for this purpose.

"COH/1,000 linearfeet"means coefficient of haze per 1,000 linearfeet, which is a measure ofthe optical

density of a filtered deposit of particulate matter as given in ASTM Standard D‐1704‐61, and indicated by

the following formula:

COH/1,000     (Area tape, ft2)(100,000)    100

linear feet = ......................... log ................

(Volume of air sample, ft3

)     % transmission

"Combustion for indirect heating" means the combustion of fuel to produce usable heat that is to be

transferred through a heat‐conducting materials barrier or by a heatstorage medium to a materialto be
ARTICLE I: IN GENERAL 

8 

heated so that the material being heated is not contacted by, and adds no substance to, the products of

combustion.

"Construction" means any physical change or change in the method of operation (including fabrication,

erection, installation, demolition, or modification of an emission unit) which would result in a change in

actual emissions.

"Control equipment" means any equipment which has the function to prevent the formation of or the

emission into the atmosphere of air contaminantsfrom any fuel‐burning device, incinerator, or process

equipment.

“Country grain elevator” shall have the same definition as “country grain elevator” set forth in

IAC 567—subrule 22.10(1).

"Criteria" means information used as guidelines for decisions when establishing air quality goals, air

quality standards, and the various air quality levels, and which in no case is to be confused or used

interchangeably with air quality goals or standards.

Diesel Fuel” means a low sulfur fuel oil that complies with the specifications for grade 1‐D or 2‐D, as

defined by the American Society of Testing and Materials (ASTM) D 975‐02, “Standard Specification

for Diesel Fuel Oils”, grade 1‐GT or 2‐GT, as defined by ASTM D 2880‐00, “Standard Specification for

Gas Turbine Fuel Oils”, or grade 1 or 2, as defined by ASTM D 396‐02, “Standard Specification for Fuel

Oils”.

1. For purposes of the air quality rules contained in Title II of the Act, and unless otherwise

specified, diesel fuel may contain a blend of up to 2.0 percent biodiesel fuel, by volume, as

“biodiesel fuel” is defined in this chapter.

2. Polk County shall consider air pollutant emissions calculations for the biodiesel fuel blends

specified in numbered paragraph “1” to be equivalent to the air pollutant emissions

calculations for unblended diesel fuel.

3. Construction permits or operating permits issued under this chapter or under Iowa

Administrative Code 567 – Chapter 22 which restrict equipment fuel use to diesel fuel

shall be considered by Polk County to include the biodiesel fuel blends specified in

numbered paragraph “1” unless otherwise specified in this chapter or in a permit issued

under this chapter or under Iowa Administrative Code 567 – Chapter 22.

“Distillate oil” means fuel oil that complies with the specifications for fuel oil number 1 or fuel oil

number 2, as defined by the American Society of Testing and Materials (ASTM D396‐02, “Standard

Specification for Fuel Oils”.

1. For purposes of the air quality rules contained in this chapter, and unless otherwise

specified, number 1 or number 2 fuel oil may contain a blend of up to 2.0 percent

biodiesel fuel, by volume, as “biodiesel fuel” is defined in this chapter.
ARTICLE I: IN GENERAL 

9 

2. Polk County shall consider air pollutant emissions calculations for the biodiesel fuel blends

specified in numbered paragraph “1” to be equivalent to the air pollutant emissions

calculations for unblended number 1 fuel oil or unblended number 2 fuel oil.

3. Construction permits or operating permits issued under this chapter or under the Iowa

Administrative Code 567, Chapter 22, which restrict equipment fuel use to number 1 fuel

oil or number 2 fuel oil shall be considered by Polk County to include the biodiesel fuel

blends specified in numbered paragraph “1”, unless otherwise specified in this chapter;

specified in Iowa Administrative Code 567, Chapter 22; specified in a permit issued under

this chapter; or specified in a permit issued under Iowa Administrative Code 567, Chapter

22.

"Disaster" For purposes of this chapter, the definition of “disaster” shall be as defined in Iowa Code

section 29C.2(1), and a disaster may occur before, with, or without a gubernatorial or federal disaster

proclamation.

"Electric furnace" meansfurnace in which the melting and refining of metals are accomplished by means

of electrical energy.

"Emission" means a release of one or more air contaminants into the outdoor atmosphere.

"Emission limitation" or "emission standard" means a requirement established by the State of Iowa,the

Polk County Air Quality Division or the Administrator which limitsthe quantity, rate or concentration of

emissions of air pollutants on a continuous basis, including any requirements which limit the level of

opacity, prescribe equipment,set fuelspecifications or prescribe operation or maintenance procedures

for a source to assure continuous emission reduction.

"Emissions unit" means any part of a stationary source which emits or would have the potential to emit

any pollutant subject to regulation under the Act.

“EPA conditional method” means any method ofsampling and analyzing for air pollutantsthat has been

validated by the administrator but that has not been published as an EPA reference method.
ARTICLE I: IN GENERAL 

10 

“EPA reference method” means the following methods used for performance tests and continuous

monitoring systems:  

a. Performance test. A stack test shall be conducted according to EPA reference methods

specified in 40 CFR 51, Appendix M (as amended through December 21, 2010); 40 CFR Part 60,

Appendix A (as amended through September 9, 2010); 40 CFR 61, Appendix B (as amended through

October 17, 2000); and 40 CFR 63, Appendix A (as amended through August 20, 2010).  

b. Continuous monitoring systems. Minimum performance specifications and quality

assurance procedures for performance evaluations of continuous monitoring systems shall be those

specified in 40 CFR 60, Appendix B (as amended through September 9, 2010); Appendix F (as

amended through September 9, 2010); 40 CFR 75, Appendix A (as amended through March 28,

2011); Appendix B (as amended through March 28, 2011); and Appendix F (as amended through

March 28, 2011).

"Equipment" means equipment capable of emitting air contaminantsto produce air pollution such asfuel

burning, combustion, or process devices or apparatus including but not limited to, fuel‐burning

equipment, incinerator, or refuse‐burning equipment used for the burning of fuel or other combustible  

material from which the products of combustion are emitted, and including, but not limited to,

apparatus, equipment, or process devices which generate heat and may emit products of combustion,

and manufacturing, chemical, metallurgical, or mechanical apparatus or process devices or control

equipment which may emit smoke, particulate matter, or other air contaminants.

"Equipment, existing" means equipment, machines, devices, orinstallationsthat were in operation prior

to January 1, 1972.

"Excess air" means that amount of air supplied in addition to the theoretical quantity necessary for

complete combustion of all fuel or combustible waste material present.

"Excess emission" is any emission which exceeds the applicable emission standard prescribed in any

section of these rules, or any emission limit specified in a permit or order.

"Federally Enforceable"    means all limitations and conditions which are enforceable by the EPA

Administrator, including those requirements developed pursuant to 40 CFR parts 60, 61 and 63,

requirements within the Iowa State implementation plan, any permitrequirements established pursuant

to 40 CFR 52.21 or underregulations approved pursuantto 40 CFR part 51,subpartI, including operating

permitsissued under an EPA‐approved program thatisincorporated into the State implementation plan

and expressly requires adherence to any permit issued under such program.

"Fireplace", forthe purpose of Article III, Section 5‐7, means a structure, with an open recess atthe base

or a chimney orstack, with a grate for food preparation and provisionsfor under‐fire air, for holding an

outdoor fire off the ground.

"Foundry cupola" means a stack‐type furnace used for melting of metals consisting, but not limited to
ARTICLE I: IN GENERAL 

11 

the furnace proper, tuyeres, fans or blowers, tapping spout, charging equipment, gas cleaning devices

and other auxiliaries.  

"Fuel‐burning equipment" means equipment, device or contrivance and all appurtenances thereto,

including ducts, breechings, control equipment, fuel‐feeding equipment, ash‐removal equipment,

combustion controls,stacks, chimneys, and the like, used principally but not exclusively to burn any fuel

for the purpose of indirect heating in which the material being heated is not contacted by and adds no

substance to the products of combustion.

"Fugitive dust" means solid airborne particulate matter emitted from any source other than a flue or

stack.

"Fugitive emissions" meansthose emissions which could not reasonably passthrough a stack, chimney,

vent or other functionally equivalent opening.

"Garbage" means all solid and semi‐solid putrescible and nonputrescible animal and vegetable wastes

resulting from the handling, preparing, cooking,storing, and serving of food or of material intended for

use as food, but excluding recognized industrial by‐products.

"Gas cleaning device" means a facility designed to remove air contaminantsfrom gases exhausted from

equipment as defined herein.

"Goal" means a level of air quality which is expected to be obtained.

“Grain processing” means the equipment, or the combination of different types of equipment, used

in the processing of grain to produce a product primarily for wholesale or retail sale for human or

animal consumption, including the processing of grain for production of biofuels, except for “feed

mill equipment,” as “feed mill equipment” is defined in rule 567—22.10(455B).

“Grain storage elevator” means any plant or installation at which grain is unloaded, handled,

cleaned, dried, stored, or loaded and that is located at any wheat flour mill, wet corn mill, dry corn

mill (human consumption), rice mill, or soybean oil extraction plant which has a permanent grain

storage capacity (grain storage capacity which is inside a building, bin, or silo) of more than 35,200

m3 (ca. 1 million U.S. bushels).

“Greenhouse gas” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,

perfluorocarbons, and sulfur hexafluoride.

“Grill”, for the purpose of Article III, Section 5‐7, means a cooking utensil with a grate for food

preparation and provisions for under‐fire air, for holding an outdoor fire off the ground.

"Hazardous air pollutant" means asbestos, beryllium, mercury, benzene, coke oven emissions,

radionuclides, and vinyl chloride; any of the air pollutants listed in Section 112 of the Act; other non‐

criteria air pollutants, including those which have any type of toxicity or are known or suspected
ARTICLE I: IN GENERAL 

12 

carcinogens or mutagens, which may reasonably be expected to cause or contribute to irreversible illness

or death.

“Health Officer” means the Polk County Air Quality Manager/Engineer, or his or her authorized

representative, including all employees of the Air Quality Division of Polk County.

"Heating value"meansthe heatreleased by combustion of one pound of waste orfuel measured in Btu's

on an as‐received basis.  Forsolid fuels, the heating value shall be determined by use of ASTM standard

D2015‐66.

"Incinerator" means a combustion apparatus designed for high temperature operation in which solid,

semisolid, liquid or gaseous combustible refuse isignited and burned efficiently, and fromwhich the solid

residues contain little or no combustible material.

"Initiation of construction, installation or alteration" meanssignificant permanent modification of a site

to install equipment, control equipment or permanentstructures.  Notincluded are activitiesincidentto

preliminary engineering, environmental studies or acquisition of a site for a facility.

"Landscape waste" means any vegetable or plant wastes, except garbage.  The term includestrees,tree

trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery, and yard trimmings.

"Level" means a certain specified degree, quality or characteristic.

“Local Program” refers to the Polk County Public Works Department.“

“Local ProgramDirector or his designee” meansthe director ofthe Public Works Department or a person

designated, eitherspecifically or generally, by virtue of his/herjob responsibilities,to actin the director’s

behalf.

"Major modification" means any physical change in or change in the method of operation of a major

stationary source that would result in a significant net emissions increase of any pollutant subject to

regulation under the Act.

(A) Any net emissionsincrease that is considered significant for volatile organic compounds

shall be considered significant for ozone.

(B) A physical change or change in the method of operation shall not include:

(1) Routine maintenance, repair and replacement;

(2) Use of an alternative fuel or raw material by reason of an order under sections 2

(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or

any superseding legislation) or by reason of a natural gas curtailment plan

pursuant to the Federal Power Act;

(3) Use of an alternative fuel by reason of an order or rule under section 125 of the
ARTICLE I: IN GENERAL 

13 

Act;

(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is

generated from municipal solid waste;

(5) Use of an alternative fuel or raw material by a stationary source which;

(i) The source was capable of accommodating before January 6, 1975, unless

such change would be prohibited under any federally enforceable permit

condition which was established afterJanuary 6, 1975 pursuant to 40 CFR

52.21 or under regulations approved pursuant to 40 CFR subpart I or &

51.166, or

(ii) The source is approved to use under any permitissued under 40 CFR 52.21

or under regulations approved pursuant to 40 CFR 51.166;

(6) An increase in the hours of operation or in the production rate, unless such

change is prohibited under any federally enforceable permit condition which was

established after January 6, 1975 pursuant to 40 CFR 52.21 or regulations

approved pursuant to 40 CFR part 51 subpart I or 40 CFR 51.166.

(7) Any change in ownership at a stationary source.

(C) The provisions ofthis definition do not apply to a source or a modification that would be a

major stationary source or major modification only if fugitive emissions, to the extent

quantifiable, are considered in calculating the potential to emit of the stationary source

or modification and such source does not belong to any following categories:

     1. Coal cleaning plants (with thermal dryers);

2. Kraft pulp mills;

3. Portland cement plants;

4. Primary zinc smelters;

5. Iron and steel mills;

6. Primary aluminum ore reduction plants;

7. Primary copper smelters;

8. Municipal incinerators capable of charging more than 250 tons ofrefuse per day;

9. Hydrofluoric, sulfuric, or nitric acid plants;

10. Petroleum refineries;

11. Lime plants;

12. Phosphate rock processing plants;

13. Coke oven batteries;

14. Sulfur recovery plants;

15. Carbon black plants (furnace process);

16. Primary lead smelters;

17. Fuel conversion plants;

18. Sintering plants;

19. Secondary metal production plants;

20. Chemical process plants;

21. Fossil‐fuel boilers(or combination thereof) totaling more than 250 million British

thermal units per hour heat input;
ARTICLE I: IN GENERAL 

14 

22. Petroleum storage and transfer units with a total storage capacity exceeding

300,000 barrels;

23. Taconite ore processing plants;

24. Glass fiber processing plants;

25. Charcoal production plants;

26. Fossil fuel‐fired steam electric plants of more than 250 million British thermal

units per hour heat input;

27. Any other stationary source category which, as of August 7, 1980, is being

regulated under section 111 or 112 of the Clean Air Act, 42 U.S.C. §§7401 etseq.

"Major stationary source" means any stationary source (or any group of stationary sources located

on one or more contiguous or adjacent properties and under common control of the same person or

of persons under common control) belonging to a single major industrial group that is any of the

following:

A. Any of the following stationary sources of air pollutants which emits, or hasthe potential

to emit, 100 tons per year or more of any pollutant subject to regulation (including any

major source of fugitive emission of any such pollutant) under this chapter:  Fossil fuel‐

fired steam electric plants of more than 250 million British thermal units per hour heat

input, coal cleaning plants(with thermal dryers), kraft pulp mills, portland cement plants,

primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants

(with thermal dryers), primary copper smelters, municipal incinerators capable of

charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid

plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven

batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead

smelters, fuel conversion plants, sintering plants, secondary metal production plants,

chemical process plants (which does not include ethanol production facilities that

produce ethanol by natural fermentation included in NAICS codes 325193 or 31140),  

fossil fuel boilers(or combinationsthereof)totaling more than 250million British thermal

units per hour heat input, petroleum storage and transfer units with a total storage

capacity exceeding 300,000 barrels, taconite ore processing plants, glassfiber processing

plants, and charcoal production plants;

B. Notwithstanding the stationary source size specified in paragraph (A) of this definition,

any stationary source which emits, or hasthe potentialto emit 250 tons per year or more

of any air pollutant subject to regulation under this chapter; or    

C. Any physical change that would occur at a stationary source not qualifying under

subparagraph 1, as a major stationary source, if the change would constitute a major

stationary source by itself.

D. A major stationary source that is major for volatile organic compounds shall be

considered major for ozone.   
ARTICLE I: IN GENERAL 

15 

E. The fugitive emissions of a stationary source shall not be included in determining for

purposes of this chapter whether it is a major stationary source, unless the source

belongs to one of the following categories of stationary sources:

(1) Coal cleaning plants (with thermal dryers);

(2) Kraft pulp mills;

(3) Portland cement plants;

(4) Primary zinc smelters;

(5) Iron and steel mills;

(6) Primary aluminum ore reduction plants;

(7) Primary copper smelters;

(8) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(9) Hydrofluoric, sulfuric, or nitric acid plants;

(10) Petroleum refineries;

(11) Lime plants;

(12) Phosphate rock processing plants;

(13) Coke oven batteries;

(14) Sulfur recovery plants;  

(15)     Carbon black plants (furnace process);

(16) Primary lead smelters;

(17) Fuel conversion plants;

(18) Sintering plants;

(19) Secondary metal production plants;

(20) Chemical process plants

(21) Fossil‐fuel boilers (or combination thereof) totaling more than 250 million British thermal

units per hour heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(23) Taconite ore processing plants;

(24) Glass fiber processing plants;

(25) Charcoal production plants;

(26) Fossil fuel‐fired steam electric plants of more than 250 million British thermal units per hour

heat input; and

(27) Any other stationary source category which, as of August 7, 1980, is being regulated under

section 111 or 112 of the Clean Air Act, 42 U.S.C. §§7401 et seq..

F. A majorsource of hazardous air pollutants according to Section 112 of the Act asfollows:

For pollutants other than radionuclides, any stationary source or group or stationary

sources located within a contiguous area and under common control that emits or has

the potential to emit, in the aggregate, 10 ton per year or more of any hazardous air

pollutant which has been listed pursuantto Section 112(b) ofthe act or 25 ton per year or

more of any combination of such hazardous air pollutants.  Notwithstanding, emissions

from any oil or gas exploration or production well (with its associated equipment) and

emission from any pipeline compressor or pump station shall not be aggregated with

emission from other similar units, whether or not such units are in a contiguous area or
ARTICLE I: IN GENERAL 

16 

under common control, to determine whether such units or stations are major sources.

G. For radionuclides, “Major Source” shall have the meaning specified by the administrator

by rule as of January 18, 1994.

"Malfunction" means any sudden and unavoidable failure of control equipment or of a process to

operate in a normal manner.  Any failure that is caused entirely orin part by poor maintenance, careless

operation, lack of an adequate maintenance program, or any other preventable upset condition or

preventable equipment breakdown shall not be considered a malfunction.

"Manually operated equipment" means a machine or tool that is handheld,such as a handheld circular

saw or compressed air chisel; a machine ortool for which the work piece is held or manipulated by hand,

such as a bench grinder; a machine or tool for which the tool or bit is manipulated by hand, such as a

lathe or drill press; and any dust collection system which is part of such machine or tool; but not

including any machine or tool for which the extent of manual operation is to control power to the

machine or tool and not including any central dust collection system serving more than one machine or

tool.

“Maximum achievable control technology (MACT)” means the following regarding regulated

hazardous air pollutant sources:

1. For existing sources, the emissions limitation reflecting the maximum degree of reduction

in emissions that the administrator or the Local Program, taking into consideration the cost of

achieving such emission reduction, and any non‐air quality health and environmental impacts

and energy requirements, determines is achievable by sources in the category of stationary

sources, that shall not be less stringent than the MACT floor.

2. For new sources, the emission limitation which is not less stringent than the emission

limitation achieved in practice by the best‐controlled similar source and which reflects the

maximum degree of reduction in emissions that the administrator or the Local Program,

taking into consideration the cost of achieving such emission reduction, and any non‐air

quality health and environmental impacts and energy requirements, determines is achievable

by the affected source.

“Maximum achievable control technology (MACT) floor” means the following:

1. For existing sources, the average emission limitation achieved by the best 12 percent of the

existing sources in the United States (for which the administrator or the Local Program has or

could reasonably obtain emissions information), excluding those sources that have, within 18

months before the emission standard is proposed or within 30 months before such standard

is promulgated, whichever is later, first achieved a level of emission rate or emission

reduction which complies, or would comply if the source is not subject to such standard, with

the lowest achievable emission rate applicable to the source category and prevailing at the

time, for categories and subcategories of stationary sources with 30 or more sources in the

category or subcategory, or the average emission limitation achieved by the best‐performing

five sources in the United States (for which the administrator or the Local Program has or
ARTICLE I: IN GENERAL 

17 

could reasonably obtain emissions information), for a category or subcategory of stationary

sources with fewer than 30 sources in the category or subcategory.

2. For new sources, the emission limitation achieved in practice by the best‐controlled similar

source.

“Mobile Internal Combustion Engine” means a piece of equipment that isself‐propelled orserves a dual

purpose by both propelling itself and performing anotherfunction (such as garden tractors, off‐highway

mobile cranes and bulldozers).

"Multiple‐chamber incinerator" means any incinerator or refuse‐burning equipment consisting of

two or more refractory‐lined combustion furnaces in series, physically separated by refractory walls,

interconnected by flue gas passage ports or ducts and employing adequate design parameters

necessary for maximum combustion of the material to be burned.  

"Natural gas" means a naturally occurring mixture of hydrocarbon and nonhydrocarbon gasesfound in

geologic formations beneath the earth'ssurface, of which the principal constituentis petroleum (LP) gas,

as defined by the American Society for Testing and Materialsin ASTMD1835‐97, Standard Specification

for Liquefied Petroleum (LP) Gases.

"Net emissions increase" means the amount by which the sum of the following exceeds zero:

(A) Any increase in actual emissions from a particular physical change or change in the

method of operation at a stationary source; and

(B) Any other increases and decreases in actual emissions at the source that are

contemporaneous with the particular change and are otherwise creditable.

(1) An increase or decrease in actual emissionsis contemporaneous with the increase

from the particular change only if it occurs within a reasonable period before the

date that the increase from the particular change occurs.  The period begins on

the date 5 years before construction commences on the proposed modification.  

It ends on the date the emissionsincrease from the proposedmodification occurs.

(2) An increase or decrease in actual emissions is creditable only if the reviewing

authority has not relied on it in issuing a permit for the source under regulations

approved pursuant to this chapter which permit isin effect when the increase in

actual emissions from the particular change occurs.

(3) An increase or decrease in actual emissions ofsulfur dioxide, particulate matter,

or nitrogen oxides which occurs before the applicable minorsource baseline date

is creditable only if it is required to be considered in calculating the amount of

maximum allowable increases remaining available.

(4) An increase in actual emissionsis creditable only to the extent that the new level

of actual emissions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent that:

(a) The old level of actual emissions or the old level of allowable emissions,
ARTICLE I: IN GENERAL 

18 

whichever is lower, exceeds the new level of actual emissions;

(b) It isfederally enforceable at and afterthe time that actual construction on

the particular change begins; and

(c) It has approximately the same qualitative significance for public health

and welfare asthat attributed to the increase from the particular change.

(6) An increase that results from a physical change at a source occurs when the

emissions unit on which construction occurred becomes operational and beginsto

emit a particular pollutant.    Any replacement unit that requires shakedown

becomes operational only after a reasonable shakedown period, not to exceed

180 days.

"New equipment" means except for any equipment or modified equipment to which VI 5‐16(n) applies,

any equipment or control equipment not under construction or for which components have not been

purchased on or before September 23, 1970, and any equipment which is altered or modified aftersuch

date, which may cause the emission of air contaminants or eliminate, reduce or control the emission of

air contaminants.

"Nuisance" means whateverisinjuriousto health, indecent, or offensive to the senses, or an obstruction

to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or

property.

"Objective" means a certain specified degree, quality, or characteristic expected to be obtained.

"Odor" means that which produces a response of the human sense of smell to an odorous substance.

"One‐hour period" means any 60‐minute period commencing on the hour.

"Opacity" meansthe degree to which emissionsreduce the transmission of light and obscure the view of

an object in the background.

"Open burning" meansthe burning of any material wherein air contaminantsresulting from combustion

are emitted directly into the ambient air without passing through a stack or chimney from an enclosed

chamber.  For the purpose of this definition, a chambershall be regarded as enclosed, when during the

time combustion takes place,  only such apertures, ducts, stacks, flues or chimneys as are necessary to

provide combustion air and to permit the escape of exhaust gases are open.

"Particulate matter" (except for the purposes of New Source Performance Standards as defined in 40

CFR Part 60) means any material, except uncombined water, that exists in a finely divided form as a

liquid or solid at standard conditions and includes gaseous emissions that condense to liquid or solid

form as measured by EPA approved reference methods.

"Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined
ARTICLE I: IN GENERAL 

19 

water, emitted to the ambient air as measured by applicable reference methods or an equivalent or

alternative method, specified in this chapter, or by a test method specified in an approved State

implementation plan.

"Parts per million (PPM)" means a term which expressesthe volumetric concentration of one material in

one million unit volumes of a carrier material.

"Permit conditions" means operational limits, restrictions, or other guides which have been set by the

Health Officer, which govern the operation or emissions of a particular permitted air pollution source.

"Person"means an individual, partnership co‐partnership, co‐operative, firm, company, public or private

corporation, political subdivision, agency of the state, trust, estate, joint stock company, or any other

legal entity, or their legal representative, agent or assigns.

"Plan documents" means the reports, proposals, preliminary plans, survey and basis of design data,

general and detail construction plans, profiles, specifications, and all other information pertaining to

equipment.

“PM 2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5

micrometers as measured by an EPA‐approved reference or equivalent method.

“PM 2.5 emissions” meansfinely divided solid orliquid material, with an aerodynamic diameterlessthan

or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by an applicable

reference method, or an equivalent or alternative method,specified in this chapter or by a test method

specified in the Iowa State implementation plan.

"PM 10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10

micrometers as measured by an EPA‐approved reference or equivalent method.

    

"PM 10 emissions"  meansfinely divided solid orliquid material, with an aerodynamic diameterlessthan

or equalto a nominal 10micrometers emitted to the ambient air asmeasured by an applicable reference

method, or an equivalent or alternative method,specified in this chapter or by a test method specified in

the Iowa State implementation plan.

“Potential to emit” means the maximum capacity of a stationary source to emit any air pollutant

under its physical and operational design. Any physical or operational limitation on the capacity of a

source to emit an air pollutant, including air pollution control equipment and restrictions on hours of

operation or on the type or amount of material combusted, stored, or processed, shall be treated as

part of its design if the limitation is enforceable by the administrator. This term does not alter or

affect the use of this term for any other purposes under the Act, or the term “capacity factor” as

used in Title IV of the Act or the regulations relating to acid rain.

For the purpose of determining potential to emit for country grain elevators, the provisions set forth

in 567—subrule 22.10(2) shall apply.
ARTICLE I: IN GENERAL 

20 

For purposes of calculating potential to emit for emergency generators, “maximum capacity” means

one of the following:

1. 500 hours of operation annually, if the generator has actually been operated less than 500 hours

per year for the past five years;

2. 8,760 hours of operation annually, if the generator has actually been operated more than 500

hours in one of the past five years; or

3. The number of hours specified in a county, state or federally enforceable limit.  

If the source is subject to new source construction permit review, then potential to emit is defined as

stated above or as established in a federally enforceable permit.

“Privileged communication" means information other than air pollutant emissions data, the release of

which would tend to affect adversely the competitive position of the owner or operator of the

equipment.

"Process" means any action, operation or treatment, and all methods and forms of manufacturing or

processing, that may emit smoke, particulate matter, gaseous matter, or other air contaminant.

"Process weight" means the total weight of all materials introduced into any source operation.  Solid

fuels charged shall be considered as part of the process weight, but liquid and gaseous fuels and

combustion air shall not.

"Process weight rate" means continuous or long‐run steady‐state source operation, the total process

weight for the entire period of continuous operation or for a typical portion thereof, divided by the

number of hours ofsuch period or portion thereof; or for a cyclical or batch source operation, the total

process weight for a period that covers a complete operation or an integral number of cycles, divided by

the number of hours of actual process operation during such a period.  Where the nature of any process

or operation, or the design of any equipment is such as to permit more than one interpretation of this

definition, the interpretation that results in the minimum value for allowable emission shall apply.

“Regulated NSR pollutant” means the following:   

1. Any pollutant for which a National Ambient Air Quality Standard has been

promulgated and any constituents or precursors for such pollutants identified by the

Administrator (e.g., Volatile Organic Compounds and NOx are precursors for ozone);  

2. Any pollutant that is subject to any standard promulgated under Section 111 of the

Act;  

3. Any Class I or Class II substance subject to a standard promulgated under or

established by Title VI of the Act; or  

4. Any pollutant that otherwise is subject to regulation under the Act; as defined by the

definition of “subject to regulation.”
ARTICLE I: IN GENERAL 

21 

5. Notwithstanding paragraphs “1” through “4,” the definition of “regulated NSR pollutant”

shall not include any or all hazardous air pollutants either listed in Section 112 of the Act, or

added to the list pursuant to Section 112(b)(2) of the Act, and which have not been delisted

pursuant to Section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also

regulated as a constituent or precursor of a general pollutantlisted under Section 108 ofthe

Act.

"Refuse" means garbage, rubbish, and all other putrescible and nonputrescible wastes, except sewage

and water‐carried trade wastes.

"Residual oil" means crude oil, fuel oil that does not comply with the specifications under the definition

of distillate oil, and all fuel oil numbers 4, 5 and 6, as defined by the American Society for Testing and

Materials in ASTM D396‐78, "Standard Specification for Fuel Oils".

“Responsible official” means one of the following:

1. For a corporation: a president, secretary, treasurer, or vice‐president of the corporation

in charge of a principal business function, or any other person who performs similar policy or

decision‐making functionsforthe corporation, or a duly authorized representative ofsuch person ifthe

representative is responsible for the overall operation of one or more manufacturing, production, or

operating facilities applying for orsubjectto a permit and either:  The facilities employ more than 250

persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980

dollars); or the delegation of authority to such representative is approved in advance by the local

program.

2. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

3. For a municipality,state, federal, or other public agency: either a principal executive officer or

ranking elected official. For the purposes of this chapter, a principal executive officer of a federal

agency includesthe chief executive officerhaving responsibility fortheoveralloperationsof aprincipal

geographic unit of the agency (e.g., a regional administrator of EPA); or

4. For Title IV affected sources: The designated representative insofar as actions, standards,

requirements,orprohibitionsunder Title IV of the Act or the regulations promulgated thereunder are

concerned; and the designated representative for any other purposes under this chapter.

"Rubbish" means all waste materials of nonputrescible nature.

"Salvage operations" means any business, industry, or trade engaged wholly or in part in salvaging or

reclaiming any product or material, including but not limited to, chemicals, drums, metals, motor

vehicles, or shipping containers.

"Seal forsealing equipment or premises" means a device installed by the health officerso asto prevent

the illegal use of the process, fuel‐burning, refuse‐burning, or control equipment or premises.

"Significant" means, in reference to a net emissionsincrease or the potential of a source to emit any of

the following pollutions, as rate of emissions that would equal or exceed any of the following rates:
ARTICLE I: IN GENERAL 

22 

Pollutant Emission Rate

Federally Regulated PSD Pollutant Tons/Year

Particulate Matter (PM) 25

PM10 15

Sulfur Dioxide (SO2) 40

Nitrogen Oxide (NOX) 40

Ozone    40, of volatile organic compounds

Carbon Monoxide (CO) 100

Lead (Elemental) 0.6

Fluorides 3

H2 SO4 Mist 7

Reduced Sulfur 10

Hydrogen Sulfide (H2S) 10

Municipal Waste Combustor (MWC) Acid Gases 40

MWC Metals 15

MWC Organics 3.5 X 10. 6

CFC’s (11, 12, 112, 114 and 115)

Halons (1211, 1301, and 2402)

Any Other Non & 112 Regulated Pollutant Any Emission Rate Until Significant Levels are Developed

"Six‐minute period" means any one of the ten equal parts of a one‐hour period.

"Shutdown" meansthe cessation of operation of any control equipment or process equipment or process

for any purpose.

"Smoke" means gas‐borne particles resulting from incomplete combustion, consisting predominantly,

but not exclusively, of carbon, and other combustible material or ash,thatforma visible plume in the air.

"Smoke monitor" means a device using a light source and a light detector which can automatically

measure and record the light‐obscuring power of smoke at a specific location in the flue or stack of a

source.

"Solid waste" means useless, unwanted, or discarded materials resulting from commercial, industrial,

domestic and agricultural operations and other normal community activities.  Wastes which are solid or

semi‐solid containing insufficientliquid to be free‐flowing are considered to be solid wastes.  Solid wastes
ARTICLE I: IN GENERAL 

23 

shall include but not be limited to the following: garbage, rubbish, ashes and other residue of

incineration, street refuse or sweepings, dead animals, solid animal waste, decrepit automobiles and

parts thereof, agricultural, commercial and industrial wastes, construction and demolition wastes, and

sewage treatment solid residue.

"Source operation" meansthe last operation preceding the emission of an air contaminant which results

in the separation of the air contaminant from the process materials or in the conversion of the process

materials into air contaminants, but precedes control equipment.

"Standard conditions" means a gastemperature of 293 Kelvin (68 degrees Fahrenheit) and a gas pressure

of 101.3 kilopascals (29.92 inches of mercury) or 14.7 pounds per square inch absolute.

"Standard cubic foot (SCF)" means the volume of one cubic foot of gas at standard conditions.

"Startup" means the setting into operation of any control equipment or process equipment or process

for any purpose.

"Stationary source" means any building,structure, facility orinstallation which emits or may emit any air

pollutant.

“Subject to regulation” means, for any air pollutant, that the pollutant issubjectto either a provision

in the Clean Air Act, or a nationally applicable regulation codified by the Administrator in 40 CFR

Subchapter C (Air Programs) that requires actual control of the quantity of emissions of that pollutant,

and that such a control requirement has taken effect and is operative to control, limit or restrict the

quantity of emissions of that pollutant released from the regulated activity, except that:

1. Greenhouse gases(GHGs), the air pollutant defined in 40 CFR §86.1818‐12(a) (as amended on

May 7, 2010) as the aggregate group of six greenhouse gases that includes carbon dioxide, nitrous

oxide,methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride,shall not be subjectto

regulation unless, as of July 1, 2011, the GHG emissions are at a stationary source emitting or having

the potential to emit 100,000 tpy CO2 equivalent emissions.

2. The term “tpy CO2 equivalent emissions (CO2e)” shall represent an amount of GHGs

emitted and shall be computed by multiplying the mass amount of emissions (tpy) for each of the

six greenhouse gases in the pollutant GHGs by the associated global warming potential of the gas

published at 40 CFR Part 98, Subpart A, Table A‐1, “Global Warming Potentials,” (as amended on

October 30, 2009) and summing the resultant value for each to compute a tpy CO2e.

For purposes of this definition, prior to July 21, 2014, the mass of the greenhouse gas carbon

dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition

of non‐fossilized and biodegradable organic material originating from plants, animals, or micro‐

organisms (including products, by‐products, residues and waste from agriculture, forestry and

related industries as well as the non‐fossilized and biodegradable organic fractions of industrial and
ARTICLE I: IN GENERAL 

24 

municipal wastes, including gases and liquids recovered from the decomposition of non‐fossilized

and biodegradable organic material).

"Theoretical air" means the exact amount of air required to supply the required oxygen for complete

combustion of a given quantity of a specific fuel or waste.

"Total suspended particulate" means particulate matter as measured by an EPA approved reference

method the method described in Appendix B of 40 CFR Part 50.

"Trade waste" means all solid or liquid material or rubbish resulting from building operations,

construction, demolition operations, or the conduct of any business industry, governmental or

institutional activity, or trade, including, but not limited to, chemicals, cinders, grease, paint, plastic

products, and other forms of liquid or solid waste materials, whether or not for profit.

“Twelve month rolling period” means a period of 12 consecutive months determined on a rolling basis

with a new 12‐month period beginning on the first day of each calendar month.

"Untreated" as it applies to wood or wood products, seeds, pellets, and other vegetative matter.  

Untreated wood includes only wood or wood productsthat have not been treated with compoundssuch

as, but not limited to, paint, pigment‐stain, adhesive, varnish, lacquer, or resin, or that have not been

pressure treated with compounds such as, but not limited to, chromate copper acetate,

pentachlorophenol, or creosote.  Untreated pellets, seeds, or vegetative matter includes only pellets,

seeds, or other vegetative matter that has not been treated with pesticide or fungicide.

"Variance" means a temporary deferral of compliance for an owner or other person subject to this

chapter governing the quality, nature, duration or extent of emissions granted by the HealthOfficerfor a

specified period of time.

Volatile Organic Compounds" means VOC as found in 40 CFR Part 51.100(s) as amended through 

March 27, 2014, as adopted by reference in 567 IAC 20.2. 
ARTICLE II. AUTHORITY 

25 

5‐3.  Duties of the Health Officer.

(a) It shall be the duty of the health officer to make investigations and to take affirmative action

within the scope of his power and within the range of this chapter to prevent and abate air

pollution and air contaminant emissions.

(b) No information supplied to the health officershall be considered confidential unless a requestfor

determination of confidentiality is submitted with the mentioned information. The person

requesting confidential treatment for information submitted to the health officershall have the

responsibility of demonstrating to the health officer that the information in question would

disclose a trade secret or other privileged communication such as but not limited to production

figures.  More specifically, privileged communication is information, other than air pollutant

emissions data, the release of which would tend to adversely affect the competitive position of

the owner or operator of the equipment.  The health officershall provide written notification to

any person whose requestfor confidentiality has been denied.  Upon receipt ofsuch notification,

the person shall have 30 days to appeal this decision to the health officer.  Such an appeal shall

be filed with the health officer.  If the health officer  denies a request for confidentiality, the

information in question shall be held confidential for sufficient time to allow the petitioner to

institute the necessary legal proceedings to sustain the confidentiality claim.    Information

submitted with a request for confidential treatment shall be treated as confidential until final

determination ofsuch request.  Information on trade secrets or other privileged communication

will be so designated when submitted by the health officer to the federal government in

accordance with federal law or regulation and will then be subject to applicable federal

regulations asto confidentiality.  The provision of thissection shall not apply to air contaminant

emissions data.

  

5‐4.  Powers of the Health Officer.

Specific powers of the health officer shall include the following:

(1) Make or require the owner or operator to make such inspections and tests, including stack

sampling and analytical determinations of existing and new fuel or refuse‐burning equipment,

process equipment, and control equipment, as are deemed necessary to evaluate compliance

with the provisions ofthis chapter.  When needed,sampling holes,safe scaffolding, and pertinent

allied facilities, but notinstruments orsensing devices,shall be requested in writing by the health

officer and shall be provided by and at the expense ofthe owner ofthe installation atsuch points

as specified in the health officer's request.

(2) In addition to those required record keeping requirements mandated by 40CFR Part 60, Section

60.7 as amended in 567 IAC 23.1(2), New Source Performance Standards, require the person

responsible for the existing equipment to provide information on fuel use, materials processed,

air contaminants emitted, estimated rate of emissions, periods of emission or other air pollution

information to the health officer upon his written requestfor use in compiling andmaintaining an
ARTICLE II. AUTHORITY 

26 

emissions inventory for evaluation of the air pollution situation in the county.  The information

requested shall be submitted on formssupplied by the health officer.  All information in regard to

both actual and allowable emissionsshall be public records and any publication ofsuch data shall

be limited to actual and allowable air contaminant emissions.

(i) Emission data obtained from owners and operators of stationary sources under the

provisions ofthissection will be correlated with applicable emission limitations and other

control measures.

(ii) Allsuch emission data and correlations will be available during normal business hours at

the office of the health officer.  The health officer may designate one or more additional

places where such data and correlations will be available for public inspection.

(3) Investigate all complaints of violation of this chapter and issue written notices and orders

granting a reasonable time to comply with the provisions of this chapter.

(4) Request the county attorney to bring the appropriate legal action in a court of competent

jurisdiction in order to prosecute violations of this chapter and to compel the prevention and

abatement of air pollution or nuisances arising there from.

(5) Examine the plans for fuel and refuse‐burning equipment, process equipment, and control

equipment to be installed, constructed, reconstructed, added to, or altered, to assure that they

are in accordance with the requirements of this chapter.

(6) Require a permit to be obtained from the health officer for any person planning to construct,

alter,reconstruct, orinstall any equipment orrelated control equipment priorto the initiation of

construction, installation, or alteration of any portion ofstationary source.  The permit will not be

required if the alterationsto the equipment will not change the emissionsfrom that equipment.  

However, a review of the project plans may be required in order to substantiate the permit

exemption.

(7) Advise planning and zoning agencies regarding air pollution aspects of planning and zoning

functions in order to prevent land use conflicts resulting in air pollution problems.

(8) Make recommendationsregarding needed revisions or additionsin this chapter pertaining to air

pollution control.

(9) Collect and disseminate information on air pollution control.

(10) Carry out a continuing program of outdoor air monitoring to evaluate the air quality in the

jurisdictional area of the health officer.
ARTICLE II. AUTHORITY 

27 

(11) Review those matters having a bearing upon air pollution,referred by other departmentssuch as

plan and zoning, building, and fire departments, and make reports and recommendations where

necessary.

(12) Encourage the voluntary cooperation of civic, technical, scientific, and educational societies to

achieve the purposes of this chapterin restoring and preserving a reasonable quality of airin the

jurisdictional area of the health officer.

(13) Require each owner or operator of any equipment, as defined herein, upon notification from the

health officer, to maintain records of the nature and amounts of air contaminant emissionsfrom

such source and any other information as may be deemed necessary by the health officer , to

determine whethersuch source isin compliance with the applicable emission limitations or other

control measures.

(i) The information recorded shall be summarized and reportedmonthly to the health officer

on formsfurnished by the health officer.  The initial reporting period shall commence 60

days from the date the health officer issued notification of the record keeping

requirements.

(ii) Information recorded by the owner or operator and copies of the summarizing reports

submitted to the health officer shall be retained by the owner or operator for five years

after the date on which the pertinent report is submitted.

(14) Evaluate existing or proposed sources of hazardous or toxic emissions and require control

equipment as needed to protect public health.

(15) Determine the characteristics of a violation, recommend civil penalties for violations of this

Chapter in accordance with Subsection 5‐75(b) and demand payment of the applicable civil

penalty from the owner or operator of equipment in violation or any other person who has

violated this Chapter.
ARTICLE III. INCINERATION AND OPEN BURNING 

28 

5‐5.  Incinerators Prohibited.

Itshall be unlawful for any person, as defined in this chapter,to sell within the county, orto install within

the county, any device intended for use as a refuse burner or incinerator, except when the owner or

operator of such device has met the provisions herein and those specified in article X of this chapter.

5‐6.  Incineration – Emission Standards.

(a) General provisions.

(1) The burning capacity of an incinerator shall be manufacturer's or designer's guaranteed

maximum rate or such other rate as may be determined by the health officer in

accordance with good engineering practice.  In case of conflict, the findings of the health

officer shall govern.

(2) No incineratorshall be used forthe burning ofrefuse, unlesssuch incineratoris a multiple

chamber incinerator.  Also, no incinerator or multiple chamber incineratorshall be used

for the burning of garbage unless the incinerator can demonstrate compliance with

applicable emission standards.  Existing incinerators which are not multiple chamber

incinerators may be altered, modified, or rebuilt as may be necessary to meet this

requirement.  The health officer may approve any other alteration or modification to an

existing incinerator if such be found by him to be equally effective for the purpose of air

pollution control as a modification or alteration which would resultin a multiple chamber

incinerator.   

(3) Within ten days after the date on which construction or alteration of an incinerator

located at a business or firm as defined in section 5‐2 of this chapter, is completed and

can meet the requirements as specified in section 5‐18 (a) of this chapter, the owner or

operator shall notify the health officer stating the exact time a performance test will be

scheduled and said test must be scheduled and performed within 60 days after

notification of the health officer.  

(b) Restriction of emission from incinerator.

(1) No person may cause or permit the emission of particulate matter from the chimney,

stack, or vent of any incinerator in excess of the following:

(i) The mass emission rate of particulate matter from any incinerator with a

manufacturer'srated capacity of 1000 pounds or greater per hourshall be limited

to 0.19 grains per standard cubic foot of exhaust gas adjusted to 12% (12

percent), carbon dioxide (C02) unless more stringentstandards apply.  The mass

emission rate of particulate matter from any incinerator with a manufacturer's

rated capacity of lessthan 1000 pounds per hour  shall be limited to 0.20 pounds
ARTICLE III. INCINERATION AND OPEN BURNING 

29 

per 100 pounds of refuse burned, based upon the incineratorsrated capacity, or

other findings as specified in subsection (a) of this section.

(ii) Compliance with emission restrictionsshall be determined fromperformance test

data, as specified herein and in sections 5‐18 and 5‐19 of this chapter.

(2) Visible emissions.  No person shall allow, cause or permit the operation of an incinerator

in a mannersuch that it produces visible air contaminants which have an opacity equalto

or greater than 20 percent or that level specified in a construction or operating permit.  

Opacity shall be determined in accordance with 40 CFR Part 60, Appendix A, Method 9 as

adopted in 567 IAC Chapter 29.  

(c) Compliance schedule for existing incinerators.  The owner or operator of an existing incinerator

which is not a multiple chamber incinerator and which does not otherwise so meet the

requirements ofsubsection (b) of thissection,shall be required to submit a compliance schedule

as provided for in section 5‐56 of this chapter.

(d) Compliance schedule for new incinerators.  All new incinerators asspecified by paragraph 5‐2 of

this chapter shall conform to the provisions as set forth in subsection (a) (3) of this section and

the owner or operator of such new incinerator shall be required to obtain an annual permit as

provided for in Article X of this chapter.

(e) Unlawful operation.  Any operation of incinerators on or after January 1, 1972, which is not

authorized as above provided shall be unlawful.

5‐7.  Open Burning Prohibited.

(a) Prohibition.

No person shall allow, cause or permit open burning of combustible materials within Polk County except

as provided in 5.7(1‐9).

For purposes ofthis Section, a person shall be deemed to have permitted the open burning ifthat person

permits the setting or use of open burning for the disposal of refuse, rubbish, garbage or other

combustible material under his control, on land under his control, or by employees or other persons

under his control.

Itshall be unlawful for any person to open burn orto permit open burning of any landscape waste within

Polk County from any industrialsource, commercialsource, or multiple dwelling containing two or more

apartment units.

It shall be unlawful for any person to open burn or to permit open burning of any refuse, rubbish,

garbage, landscape waste or other combustible material within the cities of Des Moines, West Des

Moines, Clive, Windsor Heights, Urbandale, and Pleasant Hill from any source from and after September

21, 1983.
ARTICLE III. INCINERATION AND OPEN BURNING 

30 

In all other areas of Polk County, itshall be unlawful to open burn or permit open burning of any refuse,

rubbish, garbage, landscape waste, or other combustible material, exceptthat, unless prohibited by local

ordinance, on any land site where the land use is for single‐family dwelling or agricultural operations,

open burning may be used to dispose of landscape waste originating on or growing on the same site.

(b) Burn Permits.

Upon receipt of a written request on a form provided by the Local Program, the Health Officer is

authorized to issue a permit for an open fire for the following purposes.  Such permit may contain

conditions and is subject to the provisions set forth in this chapter.

(1)   Disaster rubbish. The open burning of rubbish, including landscape waste, for the duration of

the community disaster period in cases where an officially declared emergency condition

exists. Burning any structures or demolished structures shall be conducted in accordance with

40 CFR Section 61.145 amended through January 16, 1991 as adopted in 567 IAC Chapter 23,

which is the “Standard for Demolition and Renovation” of the asbestos National Emission

Standard for Hazardous Air Pollutants.  

(2) Tree and tree trimmings.   The open burning of trees and tree trimmings not originating on the

premises provided that the burning site is operated by a local governmental entity, the burning

site isfenced and accessis controlled, burning is conducted on a regularly scheduled basis and is

supervised at all times, burning is conducted only when weather conditions are favorable with

respect to surrounding property, and the burning site islimited to areas atleast one‐quartermile

from any inhabited building.  However, when the open burning of trees and tree trimmings

causes air pollution as defined in section 455B.131(3) Code of Iowa, the Health Officer may take

appropriate action to secure relocation of the burning operation.  Rubber tiresshall not be used

to ignite trees and tree trimmings.

(3)       Flare stacks.  The open burning orflaring of waste gases, provided such open burning orflaring is

conducted in compliance with Article IV.

(4) Landscape waste.  The disposal by open burning of landscape waste originating on or growing on

the same land site only where permitted in this section.  However, the burning of landscape

waste produced in clearing, grubbing and construction operations shall be limited to areas

located at least one‐forth mile from any building inhabited by other than the landowner or

tenant conducting the open burning.  Rubber tires shall not be used to ignite landscape waste.

(5)   Training fires.   

For purposes of this section, a “training fire” is a fire set for the purposes of conducting bona

fide training of public or industrial employees in firefighting methods. For purposes of this

paragraph, “bona fide training” means training that is conducted according to the National

Fire Protection Association 1403 Standard of Live Fire Training Evolutions (2002 Edition) or a
ARTICLE III. INCINERATION AND OPEN BURNING 

31 

comparable training fire standard. A training fire may be conducted, provided that all of the

following conditions are met:

(a) A training fire on a building is conducted with the building structurally intact.

(b) The training fire does not include the controlled burn of a demolished building.

(c) If the training fire is to be conducted on a building, written notification must be

provided to the Local Program and Iowa Department of Natural Resources (IDNR) on

DNR Form 542‐8010 and is postmarked or delivered to the Local Program at least ten

working days before such action commences.

(d) Notification shall be made to the Local Program and IDNR in accordance with 40

CFR Section 61.145, “Standard for Demolition and Renovation” of the asbestos

National Emission Standard for Hazardous Air Pollutants (NESHAP), as amended

through January 16, 1991.

(e) All asbestos‐containing materials shall be removed prior to the training fire.

(f) Asphalt roofing may be burned in the training fire only if notification to the Local

Program contains testing results indicating that none of the layers of asphalt roofing

contain asbestos. During each calendar year, each fire department may conduct no

more than two training fires on buildings where asphalt roofing has not been

removed, provided that for each of those training fires the asphalt roofing material

present has been tested to ensure that it does not contain asbestos.  

(g) Rubber tires shall not be burned during a training fire.  

(6) Paper or plastic pesticide containers and seed corn bags.  Open burning as specified in Chapter

567 IAC 23.2(3)”h” only where permitted by this section.

(7) For public gatherings under the legitimate sponsorship of civic fraternal, religious, education or

similar organization.

(8) Crews operating under the authority of any political subdivision, only where permitted by this

section.

(9) Prairie re‐establishment and maintenance atsites which are publicly owned or normally open to

the general public.

Authorization to permit an open fire will not be granted by the health officer when such conditions arise

that would deem such fires to be a safety hazard.

Permit fees may be established by resolution of the Polk County Board of Supervisors.

(c) Exemptions.

1. Fireplaces or grills. This section shall not apply to outdoor fireplaces or grills burning
ARTICLE III. INCINERATION AND OPEN BURNING 

32 

untreated wood or charcoal, used solely for the non‐commercial preparation of food or recreation.  

Such outdoor fireplaces or grills shall not be used for the burning of refuse, rubbish, or garbage.

2. Outdoor patio heaters. This section shall not apply to outdoor patio heaters burning

only natural gas, propane, or alcohol.  Such outdoor patio heaters shall not be used for the burning of

wood, refuse, rubbish, vegetative matter or garbage.

3. Recreational bonfires, fireplaces and grills. Open fires burning charcoal or untreated

seasoned wood for cooking, recreation and ceremonies located within a geographic area designated

as a neighborhood, community, county or state park; unless prohibited by local authority, ordinance

or regulation, provided they comply with Article IV, Section 5‐9. Such fires shall not be used for the

burning of refuse, rubbish, or garbage

(d) Variance application.  

1. Any person wishing to conduct open burning of materials prohibited in section 5‐7 (a),

meeting the permit requirements in section 5‐7 (b) or not exempted in section 5‐7 (c) may make

application for a variance as specified in section 5‐59.

  

2. In addition to requiring the information specified in section 5‐59, the health officer may

require any person applying for a variance from the open burning rules to submit adequate

documentation to allow the health officer to assess whether granting the variance will hinder

attainment or maintenance of a National Ambient Air Quality Standard (NAAQS).
ARTICLE IV. RESTRICTIONS ON EMISSION OF 

VISIBLE AIR CONTAMINANTS FROM EQUIPMENT 

33 

5‐8.  Limitation of Visible Air Contaminants from Specific Sources.

From the following sources, no person shall cause, permit or allow the emission of visible air

contaminants into the outdoor atmosphere of an opacity equal to or greater than 40 percent except as

provided below:

(1) No person shall cause, permit or allow the emission of visible air contaminants from gasoline‐

powered motor vehicles for longer than five consecutive seconds.

(2) No person shall cause, permit or allow the emission of visible air contaminants from diesel‐

powered motor vehicles of an opacity equal to or greater than 40 percent for longer than five

consecutive seconds.

(3) No person shall cause, permit or allow the emission of visible air contaminants from diesel‐

powered locomotives of an opacity equal to or greater than 40 percent except for a maximum

period of 40 consecutive seconds during acceleration under load, or for a period of four

consecutive minutes when a locomotive is loaded after a period of idling.

(4) Initialstart and warm‐up of a cold engine,the testing of an engine fortrouble, diagnosis orrepair,

or engine research and development activities are exempt.

5‐9.  General Limitation of Visible Air Contaminants.

From any single source not covered by the provisions of section 5‐8 of this chapter, no person shall

cause, permit or allow the emission of visible air contaminants into the outdoor atmosphere of an

opacity equal to or greater than 20 percent or a lesser level as specified in a construction or operating

permit, except as provided below:

(1) Where the presence of uncombined water is the only reason for failure of air contaminants to

meet the requirements of this chapter, and where such uncombined water does not constitute a

nuisance or safety hazard; or

(2) Where the source of emission is a fire ignited for the purpose of training firemen or for research

in fire protection and prevention, provided that the health officer shall have previously been

notified by the person responsible for the fire; or

(3) Where the emissions result from an unavoidable breakdown or malfunction of equipment and

the condition is reported to the health officer as specified in section 5‐17 of this chapter; or

(4) Where the source of emission is a charcoal or similar fire being used for non‐commercial

preparation of food or recreational purposes; or

(5) Where the source of emissions is a stove in a family dwelling burning untreated wood or coal;  
ARTICLE IV. RESTRICTIONS ON EMISSION OF 

VISIBLE AIR CONTAMINANTS FROM EQUIPMENT 

34 

(6) Where the source of emissionsis a fireplace in a family dwelling burning untreated wood or coal.

5‐10.  Methodology and Qualified Observer (Method 9).

The federal method for visual determination of opacity of emissions and requirements for qualified

observers as defined in Method 9, 40 CFR Part 60, Appendix A, as amended through March 12, 1996 in

567 IAC 29.1 is adopted by reference.

To qualify as an observer, an individual must meet the requirements of 567‐29.1 of the Iowa

Administrative Code.
ARTICLE V. EMISSION OF AIR CONTAMINANTS FROM 

FUEL-BURNING EQUIPMENT 

35 

                

5‐11.  Emission of Air Contaminants from Fuel‐Burning Equipment ‐ Generally

(a) The emission standardsspecified in thissection shall be considered as operation standardsrather

than design standards.

(b) The emission standardsin thissection shall apply to installations unlessthe federalstandards of

performance for new stationary sources(new source performance standards)specified in section

5‐16 of this chapter are applicable.

(c) This article shall apply to installations in which fuel is burned for the primary purpose of

producing steam, hot water, or hot air or other indirect heating of liquids, gases, orsolids and in

the course of doing so, the products of combustion do not come in direct contact with process

materials.  Fuelsinclude those such as coal, coke, lignite, coke breeze, gas, fuel oil, and wood, but

do notinclude refuse.  When any products or by‐products of a manufacturing process are burned

for the same purpose or by‐products of a manufacturing process are burned for the same

purpose or in conjunction with any fuel, the same maximum emission limitations shall apply as

specified in section 5‐12 (1) of this chapter.

(d) For purposes of this article, the heat inputshall be the aggregate heat content of all fuels whose

products of combustion pass through a stack or stacks.  The heat input value used shall be the

equipment manufacturer's or designer's guaranteed maximum input, whicheveris greater.  The

total input of all fuel burning units at a plant or on a premise, shall be used for determining the

maximum allowable amount of particulate matter which may be emitted.

(e) The amount of particulate matter emitted shall be measured according to the method specified

in section 5‐18 of this chapter.

5‐12.  Emission Limitations.

Unless a more restrictive limit applies pursuant to Section 5‐16, SPECIFIC EMISSION STANDARDS, no

person shall cause, allow or permit the emission of particulate matter in excess of the specified in the

following schedule:

(1) 0.60 pounds for each million Btu per hour input if the equipment has a capacity rating of ten

million or less.  If the capacity rating of the fuel‐burning equipment is more than ten million, the

amount of particulate matter which may be emitted for each million Btu inputshall decrease as

the capacity rating of the fuel‐burning equipment increases, as follows:

(i)    No more than 0.41 pounds for each million Btu input from equipment having a

capacity rating of 50 million;

(ii)    No more than 0.35 pounds for each million Btu input from equipment having a

capacity rating of 100 million;
ARTICLE V. EMISSION OF AIR CONTAMINANTS FROM 

FUEL-BURNING EQUIPMENT 

36 

(iii)             No more than 0.24 pounds for each million Btu input from equipment having a

capacity rating of 500 million;

(iv)    No more than 0.21 pounds for each million Btu input from equipment having a

capacity rating of 1,000 million;

(v)    No more than 0.17 pounds for each million Btu input from equipment having a

capacity rating of 2,000 million;

(vi)    No more than 0.14 pounds for each million Btu input from equipment having a

capacity rating of 5,000 million;

(vii)            No more than 0.13 poundsfor each million Btu input from equipment        having a

capacity rating of 7,500 million;

(viii)             No more than 0.12 pounds for each million Btu input from equipment having a

capacity rating of 10,000 million or more.

(2) The amount of particulate matter which may be emitted from fuel burning equipment having an

intermediate capacity rating shall be determined either by linear interpolation, or by use of the

following equation:          log Y = ‐0.2330 log X + 0.0111

where X represents each million Btu input and Y represents the allowable pounds of emission  

5‐13  Exceptions.

Any excess emissionsresulting from the operation of fuel‐burning equipment covered under Section 5‐

12, shall also report such excess emission periods as specified in Section 5‐17.
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

37 

5‐14.  Emission of Air Contaminants from Industrial Processes ‐ Generally

(a) The emission standardsspecified in this article shall be considered as operation standardsrather

than design standards.

(b)   For sources constructed, modified, or reconstructed on or after July 21, 1999, the emission of

particulate matter from any process shall not exceed 0.10 grain per dry standard cubic foot of

exhaust gas, except as provided in Chapter V – Article XIII, Article VI, ‐ Section 5‐16, Article VI –

Section 5‐17, and Article VIII.

(c) This section shall apply to any operation, process, or activity except the following:

(1) The burning of fuel forindirect heating in which the products of combustion do not come

into direct contact with process materials,

(2) The burning of refuse, and

(3) The processing of salvageable material by burning.

(d) Process weight means the total weight of all materials introduced into a source operation,

including solid fuels, but excluding liquids and gases used solely as fuels, and excluding air

introduced for purposes of combustion.  Process weightrate means a rate established asfollows:

(1) For continuous or long‐run steady state source operations, the total process weight for

the entire period of continuous operation or for a typical portion thereof, divided by the

number of hours of such period or portion thereof.

(2) For cyclical or batch source operations,the total process weightfor a period which covers

a complete operation or an integral number of cycles, divided by the hours of actual

process operation during such period.

Where the nature of any process or operation or the design of any equipment issuch asto permit more

than one interpretation of this section, that interpretation which results in the minimum value for

allowable emission shall apply.

(e) Emission testsrelating to thissection shall be made in accordance with sections 5‐18 and 5‐19 of

this chapter.

5‐15.  General Emission Standards.

(a) The general emission standards contained in the following table shall apply to each source

operation unless a specific emission standard forthe processinvolved is prescribed in this article

or chapter, in which case the specific standard shall apply.  No person shall permit, cause,suffer,
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

38 

or allow the emission into the outdoor atmosphere of particulate matter from any source in

excess of the emission standards specified hereunder.    

TABLE I

ALLOWABLE RATE OF EMISSION BASED ON PROCESS WEIGHT RATE*

Process Weight Rate Emission Rate Proces Weight Rate Emission Rate

Lb/Hr Tons/Hr Lb/Hr Lb/Hr Tons/Hr Lb/Hr

100 0.05 0.55          16,000 8.00 16.5

200 0.10 0.88          18,000 9.00 17.9

400 0.20 1.40          20,000 10.00 19.2

600 0.30 1.83          30,000 15.00 25.2

800 0.40 2.22          40,000 20.00 30.5

1,000 0.50 2.58          50,000 25.00 35.4

1,500 0.75 3.38          60,000 30.00 40.0

2,000 1.00 4.10          70,000 35.00 41.3

2,500 1.25 4.76          80,000 40.00 42.5

3,000 1.50 5.38          90,000 45.00 43.6

3,500 1.75 5.96        100,000 50.00 44.6

4,000 2.00 6.52        120,000 60.00 46.3

5,000 2.50 7.58        140,000 70.00 47.8

6,000 3.00 8.56        160,000 80.00 49.0

7,000 3.50 9.49        200,000 100.00 51.2

8,000 4.00             10.4 1,000,000 500.00 69.0

9,000 4.50               11.2 2,000,000 1,000.00 77.6

10,000 5.00             12.0 6,000,000 3,000.00 92.7

12,000 6.00            13.6     

*Interpolation of the data in thistable for process weightrates up to 60,000 lb/hrshall be accomplished

by the use of the equation

                E = 4.10 P 0.67,

and interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr

shall be accomplished by use of the equation

                 E = 55.0 P 0.11‐40,

where E = rate of emission in lb/hr, and

      P = process weight in tons/hr

(b) For the purpose of this section, Iowa Administrative Code subrule 567‐‐23.3(2) b. Combustion

for indirect heating, is adopted by reference and is incorporated herein as fully as though set forth in

its entirety.                                                   
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

39 

5‐16.  Specific Emission Standards.

General. The provisions of this section shall not apply to those facilities for which performance

standards are specified in (n), new source performance standards.

EXCEPTION: Whenever the health officer determines that a process complying with the emission

standard prescribed in this section is causing or will cause air pollution in a specific area of the

county, the specific emission standard may be suspended and compliance with section 5‐14 may be

required in such instance.

(a) Asphalt batching plants.  No person shall cause, permit, or allow the operation of an

asphalt batching plant in a manner such that the particulate matter discharged into the

atmosphere exceeds 0.15 grain per standard cubic foot of exhaust gas.

(b) Cement kilns.  Cement kilnsshall be equipped with air pollution control devicesto reduce

the particulate matter in the gas discharged to the atmosphere to no more than 0.3

percent of the particulate matter entering the air pollution control device.  Regardless of

the degree of efficiency of the air pollution control device, cement kilns shall not cause,

permit or allow particulate matter discharged from such kilns to exceed 0.10 grain per

standard cubic foot of exhaust gas.  

(c) Cement plants.   No person shall cause, permit or allow the operation of a cement

manufacturing plant in a manner such that the particulate matter discharged into the

atmosphere exceeds 0.10 grain perstandard cubic foot of exhaust gasfrom the following

equipment:

(1) Clinker cooler exhaust.

(2) Coal grinding mills.  

   (3) Finish cement mills.  

(4) Storage silos.

(d) Cupolas for metallurgical melting.  The emissions of particulate matter  from all new

foundry cupolas, and from all existing foundry cupolas with a process weight rate in

excess of 20,000 pounds per hour,shall not exceed the amountspecified in Subsection 5‐

14(b) except as specified in Section 5‐17.  The emissions of particulate matter from all

existing foundry cupolas with a process weight rate less than or equal to 20,000 pounds

per hour shall not exceed the amount determined from Table 1 of section 5‐15 of this

chapter, except as provided in section 5‐17 of this chapter.  

(e) Existing small cupolas.  The emissions of particulate matter from all existing foundry

cupolas with a process weightrate lessthan or equal to 20,000 pounds per hourshall not

exceed the amount determined from the following table, except as provided in section  5‐

17 of this chapter.  
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

40 

                                           TABLE II

ALLOWABLE EMISSIONS FROM EXISTING SMALL FOUNDRY CUPOLAS

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 

Process weight rate (lb/hr)     Allowable Emission (lb/hr)

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐   

1,000                          3.05

2,000            4.70

3,000 6.35

4,000 8.00

            5,000            9.58

       6,000                       11.30

7,000                       12.90

       8,000                       14.30

9,000                       15.50

          10,000                       16.65

          12,000             18.70

          16,000         21.60

          18,000         23.40

          20,000         25.10

(f) Electric furnaces for metallurgical melting.  The emissions of particulate matter into the

atmosphere from electric furnaces used for metallurgical melting shall not exceed 0.10

grain per standard cubic foot of exhaust gas.  

(g) Grain processing, feed grinding, and mixing plants.  No person shall cause, permit or allow

the operation of equipment for the handling, drying, grinding, mixing, processing, or

blending of grain, grain products or grain by‐products, for use as food for human

consumption, as animal food, or food supplement such that the particulate matter

discharged to the atmosphere exceeds 0.10 grain perstandard cubic foot of exhaust gas.  

Thissubsection shall not apply to portable equipment used only on farms and ranchesfor

agricultural purposes.  

(h) Lime kilns.    No person shall cause, permit or allow the operation of a kiln for the

processing of limestone such that the particulate matter in the gas discharged to the

atmosphere exceeds 0.10 grain per standard cubic foot of exhaust gas.  

(i) Meatsmokehouses.  No person shall cause, permit or allow the operation of ameatsmokehouse,

or a group of meat smokehouses, which consume more than ten pounds of wood, sawdust, or

other material per hoursuch that the particulate matter discharged to the atmosphere exceeds

0.20 grain per standard cubic foot of exhaust gas.  
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

41 

(j) Phosphate processing plants.  No person shall cause, permit or allow the operation of equipment

forthe processing of phosphate, ore,rock, or other phosphatic material including, but notlimited

to, phosphoric acid in a mannerthat the unit emissions of fluoride exceed 0.40 pound of fluoride

per ton of phosphorous pentoxide orits equivalent, but not more than 100 pounds per day.  The

allowable total emission of fluoride shall be calculated by multiplying the unit emission specified

above by the expressed design production capacity of the process equipment.  

(1) Phosphoric acid manufacture.  No person shall allow, cause or permit the operation of

equipment for the manufacture of phosphoric acid that wasin existence on October 22,

1974 in a mannerthat producesmore than 0.04 pounds of fluoride perton of phosphorus

pentoxide or equivalent input.  

(2) Diammonium phosphate manufacture.    No person shall allow, cause or permit the

operation of equipment for the manufacture of diammonium phosphate that was in

existence on October 22, 1974 in a manner that produces more than 0.15 pound of

fluoride per ton of phosphorus pentoxide or equivalent.  

(3) Nitrophosphate manufacture.  No person shall allow, cause or permit the operation of

equipment forthe manufacture of nitrophosphate in a mannerthat produces more than

0.06 pounds of fluoride per ton of phosphorus pentoxide or equivalent input.  

(4) No person shall allow, cause or permit the operation of equipment for the processing of

phosphate ore, rock or other phosphatic material (other than equipment used for the

manufacture of phosphoric acid, diammoniumphosphate or nitrophosphate) in amanner

that the unit emissions of fluoride exceed 0.4 pounds of fluoride per ton of phosphorous

pentoxide or its equivalent input.  

(5) Notwithstanding "l" through "4", no person shall allow, cause or permit the operation of

equipment for the processing of phosphorous ore, rock or other phosphatic material

including, but not limited to, phosphoric acid, in a manner that emissions of fluorides

exceed 100 pounds per day.  

(6) Fluoride means elemental fluorine and all fluoride compounds asmeasured by reference

methodsspecified in Appendix A to 40 CFR part 60 as amended through March 15, 1979.  

(7) Calculation.  The allowable total emission of fluoride shall be calculated bymultiplying the

unit emission specified above by the expressed design production capacity ofthe process

equipment.  

(k) Portland cement concrete batching plants.  No person shall cause, permit or allow the operation

of a portland cement concrete batching plantsuch that the particulate matter discharged to the

atmosphere exceeds 0.10 grain per standard cubic foot of exhaust gas.  
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

42 

(l) Sand handling and surface finishing operations in metal processing.  This section shall apply to

any new foundry or metal processing operation not properly termed a combustion, melting,

baking or pouring operation.  For purposes ofthissection, a new processis any process which has

not started operation, or the construction of which has not commenced, or the components of

which have not been ordered, or contracts for the construction of which have not been let on

August 1, 1977.  No person shall allow, cause, or permitthe operation of any equipment designed

for sand shakeout, mulling, molding, cleaning, preparation, reclamation or rejuvenation or any

equipment for abrasive cleaning, shot blasting, grinding, cutting, sawing or buffing in such

manner that particulate matter discharged from any stack exceeds 0.05 grain per dry standard

cubic foot of exhaust gas, regardless of the types and number of operationsthat discharge from

the stack.  

(m) Painting and surface coating operations.  All repair, painting, and bodywork activities shall take

place within a building.  No person shall cause, permit or allow painting and surface coating

operations in a manner such that particulate matter in the gas discharge exceeds 0.01 grain per

standard cubic foot of exhaust gas.  

(n)   New source performance standards.  The Federal Standards of Performance for   NewStationary

Sources, 40 Code of Federal Regulations Part 60 as amended or corrected through October 8,

2009, are adopted by reference except 40 CFR 60.530 through 60.539b and shall apply to, but not

be limited to, the following affected facilities.    The corresponding 40 CFR Part 60 subpart

designation isin parentheses.  Reference test methods(Appendix A), performance specifications

(Appendix B), Determination of emission rate change (Appendix C),Quality assurance procedures

(Appendix F) and the general provisions (Subpart A) of 40 CFR Part 60 also apply to the affected

facilities as amended in 567 IAC 23.1(2).

(1) Fossil fuel‐fired steam generators.  A fossil fuel‐fired steam generating unit  

           of more than 250 million Btu per hour heat input for which construction  

           started after August 17, 1971.  Any facility covered under paragraph "26" is  

not covered under this paragraph.  (Subpart D)

(2) Incinerators.  An incinerator of more than 50 tons per day charging rate. (Subpart

E)

(3) Portland cement plants.  Any of the following in a portland cement plant:  kiln;

clinker cooler; raw mill system; finish mill system; raw mill dryer; raw material

storage; clinker storage; finished product storage; conveyor transfer points;

bagging and bulk loading and unloading systems. (Subpart F)

(4) Nitric acid plants.  A nitric acid production unit.  (Subpart G)

(5) Sulfuric acid plants.  A sulfuric acid production unit.  (Subpart H)   
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

43 

(6) Asphalt concrete plants.  Hot mix asphalt facility.  (Subpart I)

(7) Petroleum refineries.  (Subpart J) Rescinded.

(8) Secondary lead smelters.   

            (Subpart L) Rescinded.

(9) Secondary brass and bronze ingot production plants.  Any of the following at a

secondary brass or bronze ingot production plant: Reverberatory and electric

furnaces of 1000 kilograms (2205 pounds) or greater production capacity and

blast (cupola) furnaces of 250 kilograms per hour (550 pounds per hour) or

greater production capacity.  (Subpart M)

(10) Iron and steel plants.  A basic oxygen process furnace.  (Subpart N)   

(11) Sewage treatment plants.  An incinerator which burns the sludge produced by

municipal sewage treatment plants.  (Subpart 0 of 40 CFR 60 and Subpart E of 40

CFR 503)

(12) Steel plants.  Either of the following at a steel plant: Electric arc furnaces and

dust‐handling equipment constructed after October 21, 1974, and on or before

August 17, 1983.  (Subpart AA)

(13) Primary copper smelters.  (Subpart P) Rescinded.

(14) Primary zinc smelters.  (Subpart Q) Rescinded.

(15) Primary lead smelter.  (Subpart R) Rescinded

(16) Primary aluminum reduction plants.  (Subpart S) Rescinded.

(17) Wet process phosphoric acid plants in the phosphate fertilizer industry.  A wet

process phosphoric acid plant, which includes any combination of the following:

Reactors, filters, evaporators and hotwells.  (Subpart T)

(18) Superphosphoric acid plants in the phosphate fertilizer industry.    A

superphosphoric acid plant, which includes any combination of the following:

Evaporators, hotwells, acid sumps, and cooling tanks.  (Subpart U)

(19) Diammonium phosphate plants in the phosphate fertilizer industry.  A granular

diammonium phosphate plant, which includes any combination of the following:

Reactors, granulators, dryers, coolers, screens and mills.  (Subpart V)

(20) Triple superphosphate plants in the phosphate fertilizer industry.    A triple
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

44 

superphosphate plant, which includes any combination of the following: Mixers,

curing belts (dens), reactors, granulators, dryers, coolers, screens, mills and

facilities which store run‐of‐pile triple superphosphate.  (Subpart W)

  

(21) Granular triple superphosphate storage facilities in the phosphate fertilizer

industry.  A granular triple superphosphate storage facility, which includes any

combination of the following: Storage or curing piles, conveyors, elevators,

screens and mills.  (Subpart X)

(22) Coal preparation plants.  Any of the following facilities(at a coal preparation plant) which

processes more than 200 tons per day: Thermal dryers; pneumatic coal cleaning

equipment(airtables); coal processing and conveying equipment(including breakers and

crushers); coal storage systems; and coal transfer and loading systems.  (Subpart Y)  

(23) Ferroally production.    Any of the following electric submerged arc furnaces which

produce silicon metal, ferrosilicon, calcium silicon, silicomanganese zirconium,

ferrochrome silicon, silvery iron, high‐carbon ferrochrome, charge chrome standard

ferromanganese, silicomanganese, ferromanganese silicon, or calcium carbide; and

dust‐handing equipment.  (Subpart Z)

(24) Kraft Pulp Mills any of the following in a Kraft Pulp Mill: Digester system; brown stock

washer system; multiple effect evaporator system; recovery furnace; smelt dissolving

tank; lime kiln; and condensate system.  In pulp mills where kraft pulping is combined

with neutralsulfite semichemical pulping, the provisions of the standard of performance

are applicable when any portion of the material charged to an affected facility is

produced by the Kraft pulping operation.  (Subpart BB)

(25) Lime Manufacturing Plants.  A rotary lime kiln used in the manufacture of lime at other

than a kraft pulp mill. (Subpart HH)

( 26) Electric utility steam generating units. An electric utility steam generating unit that is

capable of combusting more than 250 million Btu’s per hour (73 megawatts) heat

input of fossil fuel for which construction or modification or reconstruction is

commenced after September 18, 1978, or an electric utility combined cycle gas

turbine that is capable of combusting more than 250 million Btu’s per hour (73

megawatts) heat input. “Electric utility steam generating unit” means any steam

electric generating unit that is constructed for the purpose of supplying more than

one‐third of its potential electric output capacity and more than 25 MW net‐electrical

output to any utility power distribution system for sale.  Also, any steam supplied to a

steam distribution system for the purpose of providing steam to a steam electric

generator that would produce electrical energy for sale is considered in determining

the electrical energy output capacity of the affected facility. (Subpart Da)

(27) Stationary Gas Turbines.  Any simple cycle gasturbine, regenerative cycle gasturbine or
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

45 

any gasturbine portion of a combined cycle steam/electric generating system that is not

self‐propelled.  It may, however, be mounted on a vehicle for portability.  (Subpart GG)

(28) Petroleum storage vessels.    Any storage vessel for petroleum liquids for which the

construction, reconstruction, or modification commenced after June 11, 1973, and prior

to May 19, 1978, having a storage capacity greater than 151,416 liters (40,000 gallons).  

(Subpart K)

(29) Petroleum storage vessels.    Any storage vessel for petroleum liquids for which the

construction, reconstruction, or modification commenced after May 18, 1978, and prior

to July 23, 1984, having a storage capacity greater than 151,416 liters (40,000 gallons).  

(Subpart Ka)

(30) Glass Manufacturing Plants.  Any glass melting furnace.  (Subpart CC)

(31) Automobile and Light‐Duty Truck Surface Coating Operations.  Any of the following in an

automobile or light‐duty truck assembly plant: Prime coat operations, guide coat

operations, and topcoat operations.   

(Subpart MM)

(32) Ammonium Sulfate Manufacture.  Any ofthe following in the ammoniumsulfate industry:

ammonium sulfate dryers in the caprolactam by‐product, synthetic, and coke oven

by‐product sectors of the industry.  (Subpart PP)

(33) Surface coating of metal furniture.  Any metal furniture surface coating operation in

which organic coatings are applied.  (Subpart EE)

(34) Lead‐acid battery manufacturing plants.  Any lead‐acid battery manufacturing including

(1) Grid casting facility.  (2) Paste mixing facility.  (3) Three‐process operation facility.  (4)

Lead Oxide manufacturing facility. (5)  Lead reclamation facility.  (6)  Otherlead‐emitting

operations.  (Subpart KK)

(35) Phosphate rock plants.  Any phosphate rock plant which has a maximum plant production

capacity greaterthan 4 tons per hour including the following: Dryers, calciners, grinders,

and ground rock handling and storage facilities, except those facilities producing or

preparing phosphate rock solely for consumption in elemental phosphorus production.  

(Subpart NN)

(36) Graphic arts industry: Publication rotogravure printing.   Any publication rotogravure

printing press except proof presses.  (Subpart QQ)

(37) Industrial surface coating‐large appliances.   Any surface coating operation in a large

appliance surface coating line.  (Subpart SS)
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

46 

(38) Metal coil surface coating.  Any of the following at a metal coil surface operation: Prime

coat operation, finish coat operation, and each prime and finish coat operation combined

when the finish coat is applied wet on wet over the prime coat and both coatings are

cured simultaneously.  (Subpart TT)

(39) Asphalt processing and asphalt roofing manufacturing.  Any saturator, mineral

handling and storage facility at asphalt roofing plants; and any asphalt storage tank

and any blowing still at asphalt processing plants, petroleum refineries, and asphalt

roofing plants.  (Subpart UU)   

(40) Equipment leaks of volatile organic compounds (VOC) in the synthetic organic

chemicals manufacturing industry. Standards for affected facilities in the synthetic

organic chemicals manufacturing industry (SOCMI) that commenced construction,

reconstruction, or modification after January 5, 1981, and on or before November 7,

2006, are set forth in Subpart VV. Standards for affected

SOCMI facilities that commenced construction, reconstruction or modification after

November 7, 2006, are set forth in Subpart VVa. The standards apply to pumps,

compressors, pressure relief devices, sampling systems, open‐ended valves or lines

(OEL), valves, and flanges or other connectors which handle VOC. (Subpart VV and

Subpart VVa)

(41) Beverage can surface coating.  Any beverage can surface coating operationsfortwo‐piece

steel or aluminum containers in which soft drinks or beer are packaged.  (Subpart WW)

(42) Bulk gasoline terminals.  The total of all loading racks at bulk gasoline terminals which

deliver liquid product into gasoline tank trucks.  (Subpart XX)

(43) Pressure sensitive tape and labelsurface coating operations. Any coating line used in the

tape manufacture of pressure sensitive tape and label materials. (Subpart RR)

(44) Metallic mineral processing plants.    Any ore processing and handling equipment.  

(Subpart LL)

(45) Synthetic fiber production facilities.    Any solvent‐spun synthetic fiber process that

produces more than 500 megagrams of fiber per year.  (Subpart HHH)

(46) Equipment leaks of VOC in petroleum refineries.    A compressor and all equipment

(defined in 40 C.F.R., Part 60.591) within a process unit constructed afterJanuary 4, 1983.

(Subpart GGG)

(47) Flexible vinyl and urethane coating and printing.  Each rotogravure printing line used to

print or coat flexible vinyl or urethane products.  (Subpart FFF)
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

47 

(48) Petroleum dry cleaners.  Petroleum dry cleaning plant with a total manufacturer'srated

dryer capacity equal to or greater than 38 kilograms(84 pounds): Petroleum solvent dry

cleaning dryers, washers, filters, stills, and settling tanks.  (Subpart JJJ)

(49) Electric arc furnaces and argon‐oxygen decarburization vessels constructed after August

7, 1983.  Steel plantsthat produce carbon, alloy, orspecialty steels: Electric arc furnaces,

argon‐oxygen decarburization vessels, and dust handling systems.  (Subpart AAa)

(50) Wool fiberglass insulation manufacturing plants.    Rotary spin wool fiberglass

manufacturing line.  (Subpart PPP)

(51) Iron and steel plants.    Secondary emissions from basic oxygen process steelmaking

facilities for which construction, reconstruction, or modification commenced after

January 20, 1983.  (Subpart Na)

(52) Equipment leaks of VOC from on‐shore natural gas processing plants.  A compressor and

all equipment defined in 40 C.F.R., Part 60.631, for which construction,reconstruction, or

modification commenced after January 20, 1984.  (Subpart KKK)

(53) On‐shore natural gas processing: SO2 emissions.    Unless exempted by the E.P.A.

Administrator, each sweetening unit and each sweetening unit followed by a sulfur

recovery unit for which construction, reconstruction, or modification commenced after

January 20, 1984.  (Subpart LLL)

(54) Nonmetallic mineral processing plants.  Unless exempted by the E.P.A. Administrator,

each crusher, grinder mill, screening operation, bucket elevator, belt conveyor, bagging

operating, storage bin, enclosed truck or rail car loading station in fixed or portable

nonmetallic mineral processing plants for which construction, reconstruction, or

modification commenced after August 31, 1983. (Subpart OOO)

(55) Industrial‐commercial‐institutionalsteamgenerating units.Unless exempted by the E.P.A.

Administrator, each steam generating unit for which construction, reconstruction, or

modification commenced after June 19, 1984, and which has a heat input capacity of

more than 100 million Btu/hour.  (Subpart Db)

(56) Volatile organic liquid storage vessels.   Unless exempted by the E.P.A. Administrator,

volatile organic liquid storage vessels for which construction, reconstruction, or

modification commenced after July 23, 1984.  (Subpart Kb)

(57) Rubber tire manufacturing plants.  Unless exempted by the E.P.A. Administrator, each

undertread cementing operation, each sidewall cementing operation, each tread end

cementing operation, each bead cementing operation, each green tire spraying operation,

each Michelin‐A operation, each Michelin‐B operation, and each Michelin‐C automatic

operation that commences construction or modification afterJanuary 20, 1983.  (Subpart
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

48 

BBB)

(58) Industrial surface coating; Surface coating of plastic parts for business machines. Each

spray booth in which plastic partsfor use in the manufacture of business machinesreceive

prime coats, color coats, texture coats, or touch‐up coats for which construction,

modification, or reconstruction begins after January 8, 1986.  (Subpart TTT)

(59) VOC emissions from petroleum refinery waste water systems.    Each individual drain

system, each oil‐water separator, and each aggregate facility for which construction,

modification or reconstruction is commenced after May 4, 1987.  (Subpart QQQ)

(60) Magnetic tape coating facilities.  Unless exempted, each coating operation and each piece

of coating mix preparation equipment for which construction, modification, or

reconstruction is commenced after January 22, 1986.  (Subpart SSS)

(61) Polymeric coating ofsupporting substrates.  Unless exempted, each coating operation and

any on‐site coating mix preparation equipment used to prepare coatingsforthe polymeric

coating of supporting substrates for which construction, modification, or reconstruction

begins after April 30, 1987.  (Subpart VVV)

(62) VOC emissionsfrom synthetic organic chemical manufacturing industry air oxidation unit

processes.  Unless exempted, any air oxidation reactor, air oxidation reactor and recovery

system or combination of two or more reactors and the common recovery systemused in

the production of any of the chemicals listed in 40 CFR 60.617 for which construction,

modification or reconstruction commenced after October 21, 1983.  (Subpart III)

(63) VOC emissions from synthetic organic chemical manufacturing industry distillation

operations.  Unless exempted, any distillation unit, distillation unit and recovery system

or combination oftwo or more distillation units and the common recovery systemused in

the production of any of the chemicals listed in 40 CFR 60.667 for which construction,

modification or reconstruction commenced after December 30, 1983.  (Subpart NNN)

(64) Small industrial‐commercial‐institutionalsteam generating units.  Each steam generating

unit for which construction, modification, or reconstruction is commenced after June 9,

1989, and that has a maximum design heat input capacity of 100 million Btu per hour or

less, but greater than or equal to 10 million Btu per hour.  (Subpart Dc)

(65) VOC emissions from the polymer manufacturing industry.  All equipment used in the

manufacture of polypropylene and polyethylene; equipment used in the material

recovery section of polystyrene manufacturing using a continuous process; equipment

used in the polymerization reaction section of poly(ethylene terephthalate)

manufacturing using a continuous process; equipment used in the material recovery

section of poly(ethylene terephthalate)manufacturing using a continuous process that

uses dimethylterephthalate; equipment used in the rawmaterialsection of poly(ethylene
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

49 

terephthalate) manufacturing using a continuous processthat usesterephthalic acid; and

fugitive emissions equipment associated with any process unit in the manufacturing of

polypropylene, polyethylene, or polystyrene.  The applicability dates for construction,

modification orreconstruction for polystyrene and poly(ethylene terephthalate) affected

facilities and some polypropylene and polyethylene affected facilities is September 30,

1987.  For the other polypropylene and polyethylene affected facilities the applicability

date for these regulations is January 10, 1989.  (Subpart DDD)

(66) Municipal waste combustors.  Unless exempted, a municipal waste combustor with a

capacity greater than 225 megagrams per day of municipal solid waste for which

construction is commenced after December 20, 1989, and on or before September 20,

1994, and modification orreconstruction is commenced after December 20, 1989, and on

or before June 19, 1996.  (Subpart Ea)

(67) Grain elevators.   A grain terminal elevator or any grain storage elevator except as

provided under 40 CFR 60.304(b), August 31, 1993.  A grain terminal elevator means any

grain elevator which has a permanent storage capacity of more than 2.5 million U.S.

bushels except those located at animal food manufacturers, pet food manufacturers,

cereal manufacturers, breweries, and livestock feedlots.  A grain storage elevator means

any grain elevator located at any wheat flour mill, wet corn mill, dry corn mill (human

consumption), rice mill, or soybean oil extraction plant which has a permanent grain

storage capacity of 1 million bushels.  Any construction, modification, or reconstruction

after August 3, 1978, is subject to this paragraph.  (Subpart DD)

(68) Mineral processing plants.  Each calciner and dryer at a mineral processing plant unless

excluded for which construction, modification, or reconstruction is commenced after

April 23, 1986.  (Subpart UUU)

(69) VOC emissionsfromsynthetic organic chemicalmanufacturing industry reactor processes.

Unless exempted, each affected facility thatis part of a process unitthat produces any of

the chemicals listed in 40 CFR 60.707 as a product, co‐product, by‐product, or

intermediate for which construction, modification, or reconstruction commenced after

June 29, 1990.  Affected facility is each reactor process not discharging its vent stream

into a recovery system, each combination of a reactor process and the recovery system

into which its vent stream is discharged, or each combination of two or more reactor

processes and the common recovery system into which their vent streams are

discharged. (Subpart RRR)

(70)   Municipalsolid waste landfills, as defined by 40 CFR 60.75(1).  Eachmunicipalsolid waste

landfill that commenced construction,reconstruction or modification or began accepting

waste on or after May 30, 1991, must comply.  (Subpart WWW)

(71). Municipal waste combustors.  Unless exempted, a municipal waste combustor with a

combustion capacity greater than 250 tons per day of municipal solid waste for which
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

50 

construction, modification or reconstruction is commenced after September 20, 1994.  

(Subpart Eb)

(72)    Hospital/medical/infectious waste incinerators.  Unless exempted, a

hospital/medical/infectious waste incinerator for which construction is commenced

after June 20, 1996, or for which modification is commenced after March 16, 1998.  

(Subpart Ec) *As of November 24, 2010, the adoption by reference of Part 60 Subpart

Ec is rescinded.   

(73) New small municipal waste combustion units.  Unless exempted, thisstandard appliesto a

small municipal waste combustion unit that commenced construction after August 30,

1999, or small municipal waste combustion units that commenced reconstruction or

modification after June 6, 2001.  (Part 60, Subpart AAAA)

(74) Commercial and industrialsolid waste incineration.  Unless exempted,thisstandard applies

to units for which construction is commenced after November 30, 1999, or for which

modification orreconstruction is commenced on or afterJune 1, 2001.  (Part 60, Subpart

CCCC)

(75) Other solid waste incineration (OSWI) units.  Unless exempted, this standard applies to

other solid waste incineration (OSWI) units for which construction is commenced after

December 9, 2004, orfor which modification orreconstruction is commenced on or after

June 16, 2006.  (Part 60, Subpart EEEE)

(76) Reserved.

(77) Stationary compression ignition internal combustion engines.  Unless otherwise exempted,

these standards apply to each stationary compression ignition internal combustion engine

whose construction, modification orreconstruction commenced afterJuly 11, 2005.  (Part

60, Subpart IIII)

(78) Stationary spark ignition internal combustion engines. These standards apply to each

stationary spark ignition internal combustion engine whose construction, modification or

reconstruction commenced after June 12, 2006. (Part 60, Subpart JJJJ)

(79). Stationary combustion turbines.  Unless otherwise exempted, these standards apply to

stationary combustion turbines with a heatinput at peak load equalto or greaterthan 10

MMBtu per hour, based on the higher heating value of the fuel, that commence

construction, modification, or reconstruction after February 18, 2005.  (Part 60, Subpart

KKKK)

5‐16(o).  Emission Guidelines.   

Emission guidelines which are contained in Iowa Administrative Code subrule 567.23.1(5), and represent

the State of Iowa’s 111(d) plan as submitted to the EPA, are adopted by reference.
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

51 

5‐16(p).  Emission standards for hazardous air pollutants.   

The federalstandardsfor emissions of hazardous air pollutants adopted by reference in 567 IAC 23.1(3)

and found at  40 Code of Federal Regulations Part 61 as amended or corrected through May 16, 2007,

and 40 CFR Part 503 as amended through  August 4, 1999 are adopted by reference, except 40 CFR

§61.20 to §61.26, §61.90 to §61.97, §61.100 to §61.108, §61.120 to §61.127, §61.190 to §61.193,

§61.200 to §61.205, §61.220 to §61.225, and §61.250 to §61.256, and shall apply to the following

affected pollutants and facilities and activities listed below.  The corresponding 40 CFR Part 61 subpart

designation is in parentheses.  Reference test methods (Appendix B), compliance status information

requirements (Appendix A), quality assurance procedures (Appendix C) and the general provisions

(Subpart A) of Part 61 also apply to the affected activities or facilities.

(1) Asbestos.  Any of the following involving asbestos emission: asbestos mills, surfacing of

roadways, manufacturing operations, and spraying applications.    Demolition and

renovation emissions as stated in 40 CFR 61.145 through 61.147 are not included.  

(Subpart M)

(2) Beryllium.  (Subpart C) Rescinded.

(3) Beryllium rocket motor firing.  (Subpart D) Rescinded.

(4) Mercury.  Any of the following involving mercury emissions: mercury ore processing

facilities, mercury cell chlor‐alkali plants,sludge incineration plants,sludge drying plants,

and a combination of sludge incineration plants and sludge drying plants.  (Subpart E)
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

52 

(5) Vinyl chloride.    Ethylene dichloride purification and the oxychlorination reactor in

ethylene dichloride plants.  Vinyl chloride formation and purification in vinyl chloride

plants.  Any of the following involving polyvinyl chloride plants:reactor;stripper; mixing,

weighing and holding containers; monomer recovery system; sources following the

stripper(s).    Any of the following involving ethylene dichloride, vinyl chloride, and

polyvinyl chloride plants:  Relief valve discharge and fugitive emission sources.  (Subpart

F)

(6) Equipment leaks of benzene (fugitive emission sources).    Any pumps, compressors,

pressure relief devices,sampling connection systems, open‐ended valves orlines, valves,

flanges and other connectors, product accumulator vessels, and control devices or

systems which handle benzene.  (Subpart J)

(7) Equipment leaks of volatile hazardous air pollutants (fugitive emissions sources).  Any

pumps, compressors, pressure relief devices,sampling connection systems, open‐ended

valves or lines, valves, flanges and other connectors, product accumulator vessels, and

control devices or systems which handle volatile hazardous air pollutants.  (Subpart V)

(8) Inorganic arsenic emissions from arsenic trioxide and metallic arsenic production

facilities.  Each metallic arsenic production plant and each arsenic trioxide plant that

processes low‐grade arsenic bearing materials by a roasting condensation process.  

(Subpart P)

(9) Inorganic arsenic emissionsfrom glass manufacturing plants.  Each glass melting furnace

(except pot furnaces) that uses commercial arsenicas a raw material. (Subpart N)

(10) Inorganic arsenic emissions from primary copper smelters.  (Subpart O) Rescinded.  

(11) Benzene emissions from coke by‐product recovery plants.  Each of the following

sources at furnace and foundry coke by‐product recovery plants; tar decanters,

tarstorage tanks,tar‐intercepting sumps,flushing‐liquor circulation tanks, light‐oil

sumps, light‐oil condensers, light‐oil decanters, wash‐oil decanters, wash‐oil

circulation tanks, naphthalene processing, final coolers, final‐cooler cooling

towers, and the following equipment that is intended to operate in benzene

service: pumps, valves, exhausters, pressure relief devices,sampling  connection

systems, open‐ended valves or lines, flanges or other connectors, and control

devices or systems required by 40 CFR  61.135.

The provisions of Paragraph 11 also apply to benzene storage tanks BTX storage

tanks, light‐oilstorage tanks and excess ammonia‐liquorstorage tanks atfurnace

coke by‐product recovery plants. (Subpart L)

(12) Benzene emissionsfrom benzene storage vessels.  Unless exempted, each storage

vessel that isstoring benzene having a specific gravity within the range ofspecific
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

53 

gravitiesspecified in ASTM D 836‐84 forIndustrial Grade Benzene ASTM D 835‐85

for Refined Benzene‐485 ASTM D 2359 85a for Refined Benzene‐535, and ASTM D

4734‐87 for Refined Benzene‐545.    These specifications are incorporated by

reference as specified in 40 CRF 61.18.  (Subpart Y)

(13) Benzene emissionsfrom benzene transfer operations.  Unless exempted,the total

of all loading racks at which benzene isloaded into tank trucks,rail cars, or marine

vessels at each benzene production facility and each bulk terminal.  (Subpart BB)

(14) Benzene waste operations.  Unless exempted,the provisions ofthissubrule apply

to owners and operators of chemical manufacturing plants, coke by‐product

recovery plants, petroleum refineries and facilities at which waste management

units are used to treat,store or dispose of waste generated by any of these listed

facilities.  (Subpart FF)

5‐17.  Excess Emissions.

(a) Excess Emission During Periods of Startup or Shutdown.  Excess emission during a period

of startup or shutdown is not a violation of the emission standard if the startup or

shutdown is accomplished expeditiously and in a manner consistent with good practice

for minimizing emissions.   

(b)   Initial Report of Excess Emissions. An incident of excess emission shall be reported to the Air

Quality Division (AQD) of Polk County within eight hours of, or at the start of the first working

day following the onset of the incident.    Initial reporting does not relieve the owner or

operator of a source with continuous monitoring equipment of the obligation of submitting

reports required in Section 5‐18(b)(4).

   An initial report of excess emission is not required for a source with operational continuous

monitoring equipment (as specified in Section 5‐18 (b)) if the incident of excess emission

continues for less than 30 minutes and does not exceed the applicable emission standard by

more than 10 percent or the applicable visible emission standard by more than 10 percent

opacity.

The initial report shall be made by electronic mail (e‐mail), in person, or by telephone and

shall include as a minimum the following:

(1) The identity of the equipment or source operation from which the excess  emission

originated and the associated stack or emission point.  

             (2) The estimated quantity of the excess emission.  

(3) The time and expected duration of the excess emission.  

(4) The cause of the excess emission.  

(5) The steps being taken to remedy excess emission.  

(6) The steps being taken to limit the excess emission in the interim period.
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54 

(c) Written Report of Excess Emission.  A written report of an incident of excess emission

shall be submitted as a follow‐up to all required initial reports to the AQD within seven

days of the onset of the upset condition and shall include as a minimum the following:

(1) The identity of the equipment orsource operation from which the excess

emission originated and the associated stack or emission point.  

(2) The estimated quantity of the excess emission.  

(3) The time and duration of the excess emission.

(4) The cause of the excess emission.  

(5) The stepsthat were taken to remedy and to preventthe recurrence ofthe

incident of excess emission.  

(6) The steps that were taken to limit the excess emission.  

(7) If the owner claims that the excess emission was due to malfunction,

documentation to support this claim.

(d) Excess Emissions.  An incident of excess emission is a violation.  If the owner or operator of a

source maintains that the incident of excess emission was due to a malfunction, the owner or

operator must show that the conditions which caused the incident of excess emission were

not preventable by reasonable maintenance and control measures.  Determination of any

subsequent enforcement action will be made following review of this report.  If excess

emissions are occurring, either the control equipment causing the excess emission shall be

repaired in an expeditious manner or the process generating the emissions shall be shut

down within a reasonable period of time.  An expeditious manner is the time necessary to

determine the cause of the excess emissions and to correct it within a reasonable period of

time.  A reasonable period of time is eight hours plus the period of time required to shut

down the process without damaging the process equipment.  In the case of an electric utility,

a reasonable period of time is eight hours plus the period of time until comparable generating

capacity is available to meet consumer demand with the affected unit out of service, unless

the health officer shall, upon investigation, reasonably determine that continued operation

constitutes an unjustifiable environmental hazard and issue an order that such operation is

not in the public interest and require a process shutdown to commence immediately.

(e) Subsections(a) through (d) notwithstanding, a fossil fuel‐fired steam generatorto which

5‐16(n)(1), 5‐16(n)(26), or 5‐16(n)(55) appliesshall comply with 5‐16(n)(1), 5‐16(n)(26), or

5‐16(n)(55).
ARTICLE VI. EMISSION OF AIR CONTAMINANTS FROM INDUSTRIAL PROCESSES 

55 

5‐17.1 Maintenance and Repair Requirements.

(a) Maintenance and Repair.  The owner or operator of any equipment shall:

(1) Maintain and operate the equipment or control equipment at all times in a

manner consistent with good practice for minimizing emissions.  

(2) Remedy any cause of excess emissions in an expeditious manner.  

(3) Minimize the amount and duration of any excess emission to the maximum

extent possible during periods of such emissions.  These measures may include

but not be limited to the use of clean fuels, production cutbacks, or the use of

alternate process units or, in the case of utilities, purchase of electrical power

until repairs are completed.  

(4) Implement measures contained in any contingency plan prepared in

accordance with Section 5‐17(b)(3).

(5) Schedule, at a minimum, routine maintenance of equipment or control

equipment during periods of process shutdown to the maximum extent possible.  

(b) Maintenance Plans.   A maintenance plan will be required for equipment or control

equipment where, in the judgment of the health officer, a continued pattern of excess

emissions indicative of inadequate operation and maintenance is occurring.    The

maintenance plan shall include, but not be limited, to the following:

(1) A complete preventive maintenance schedule including identification of the

personsresponsible forinspecting, maintaining and repairing control equipment,

a description of the items or conditions that will be inspected, the frequency of

these inspections orrepairs, and an identification ofthe replacement parts which

will be maintained in inventory for quick replacement;

(2) An identification of the equipment and air pollution equipment operating

variables that will be monitored in order to detect a malfunction or failure, the

normal operating range of these variables, and a description of the method of

monitoring and surveillance procedures.  

(3) A Contingency Plan for minimizing the amount and duration of any excess

emissions to the maximum extent possible during periods of such emissions.  
ARTICLE VII PERFORMANCE TEST FOR STACK EMISSION TEST 

56 

   

5‐18.  Testing and Sampling of New and Existing Equipment.  

(1) Tests by owner. The owner of new or existing equipment or the owner’s authorized agent

shall conduct emission tests to determine compliance with applicable rules in accordance with these

requirements.  

a. General. The owner of new or existing equipment or the owner’s authorized agent shall notify

the Local Program in writing not lessthan 30 days before a required test or before a performance

evaluation of a continuous emission monitor to determine compliance with applicable

requirements of Chapter V or a permit condition. Such notice shall include the time, the place, the

name of the person who will conduct the tests and other information as required by the Local

Program. If the owner or operator does not provide timely notice to the Local Program, the Local

Program may not consider the test results or performance evaluation results to be a valid

demonstration of compliance with applicable rules or permit conditions. Upon written request,the

Local Program may allow a notification period of less than 30 days. Unless specifically waived by

the Local Program, a pretest meeting shall be held not later than fifteen (15) days prior to

conducting the compliance demonstration.  The Local Programmay accept a testing protocol in lieu

of the pretest meeting.  A representative of the Local Program shall be permitted to witness the

tests.  Results of the tests shall be submitted in writing to the Health Officer in the form of a

comprehensive report within six weeks of the completion of the testing.    Results shall be

accompanied with the appropriate fee as established by the Polk County Board of Supervisors.

b. New equipment. Unless otherwise specified by the Local Program, all new equipment shall

be tested by the owner or the owner’s authorized agent to determine compliance with

applicable emission limits. Tests conducted to demonstrate compliance with the

requirements of the rules or a permit shall be conducted within 60 days of achieving

maximum production but no later than 180 days of startup, unless a shorter time frame is

specified in the permit.  

c. Existing equipment. The Local Program Director may require the owner or the owner’s

authorized agent to conduct an emission test on any equipment if the Local Program Director

has reason to believe that the equipment does not comply with applicable requirements.

Grounds for requiring such a demonstration of compliance include a modification of control

or process equipment, age of equipment, or observation of opacities or other parameters

outside the range of those indicative of properly maintained and operated equipment.

Testing may be required as necessary to determine actual emissions from a source where

that source is believed to have a significant impact on the public health or ambient air quality

of an area. The Local Program Director shall provide the owner or agent not less than 30 days

to perform the compliance demonstration and shall provide written notice of the

requirement.  

d. Testing procedures. The equipment being tested shall be operated in a normal manner. For

compliance demonstrations, the equipment being tested shall be operated at a rate of at
ARTICLE VII PERFORMANCE TEST FOR STACK EMISSION TEST 

57 

least 90% of either its maximum continuous output as rated by the manufacturer, or its

permitted maximum operating rate. For testing other than compliance demonstrations, the

equipment being tested shall be operated at a rate demonstrable by production records of

the source, to be equal to or greater than the normal production rate of the source. The

“normal” production rate of the source shall be defined as the total annual production

volume divided by the number of hours the source or process has operated during the

previous 12 months. Each test shall consist of at least three (3) separate test runs. Unless

otherwise specified by the Local Program, compliance shall be assessed on the basis of the

arithmetic mean of the emissions measured in the three (3) test runs.

(2)   Stack sampling and associated analytical methods used to evaluate compliance with emission

limitations of this Chapter or a permit condition shall be as follows:  

a. Performance test. A stack test shall be conducted according to EPA reference methods as specified

in 40 CFR 51, Appendix M (as amended through December 21, 2010); 40 CFR Part 60, Appendix A (as

amended through September 9, 2010); 40 CFR 61, Appendix B (as amended through October 17,

2000); and 40 CFR 63, Appendix A (as amended through August 20, 2010). The owner of the

equipment or the owner’s authorized agent may use an alternative methodology if approved by the

Local Program in writing prior to testing.  

b. Continuous monitoring systems. Minimum performance specifications and quality assurance

procedures for performance evaluations of continuous monitoring systems are those specified in 40

CFR 60, Appendix B (as amended through September 9, 2010) and Appendix F (as amended through

September 9, 2010) and 40 CFR 75, Appendix A (as amended through March 28, 2011), Appendix B

(as amended through March 28, 2011), and Appendix F (as amended through March 28, 2011). The

owner of the equipment or the owner’s authorized agent may use an alternative methodology for

continuous monitoring systems if approved by the Local Program in writing prior to conducting the

minimum performance specification and quality assurance procedures.  

c. Permit and compliance demonstration requirements. All stack sampling and associated analytical

methods used to evaluate compliance with emission limitations of Chapter V, or required in a permit

issued by this Local Program, shall be conducted using the methodology referenced in 567 IAC

Chapter 25.  

(3) The performance test specified in section 5‐6 (a) (3) of this chapter may be required on any

incinerator, and shall be required on each new or modified incinerator.  

(b) The following sets out requirements for continuous monitoring of certain specified sources of

air contaminants:

(1) Continuous monitoring of opacity from coal‐fired steam generating units.  The owner or

operator of any coal‐fired or coal‐gas‐fired steam generating unit with a rated capacity of

greater than 250 million Btu's per hour heat input shall install, calibrate, maintain, and

operate continuous monitoring equipment to monitor opacity.  If an exhaust services
ARTICLE VII PERFORMANCE TEST FOR STACK EMISSION TEST 

58 

more than one steam generating unit as defined in the preceding sentence, the owner

hasthe option of installing opacity monitoring equipment on each unit or on the common

stack.   

Such monitoring equipment shall conform to performance specifications specified in

section 5‐18 (a) (2) of this chapter, and shall be operational by January 20, 1979.   

The health officer may require the owner or operator of any coal‐fired or coal‐gas‐fired

steam generating unit to install, calibrate, maintain and operate continuous monitoring

equipment to monitor opacity whenever the compliance status, history of operations,

ambient air quality in the vicinity surrounding the generator or the type of control

equipment utilized would warrant such monitoring.  

(2) Continuous monitoring ofsulfur dioxide from sulfuric acid plants.  The owner or operator

of any sulfuric acid plant of greater than 300 tons per day production capacity, the

production being expressed as 100 percent acid, shall install, calibrate, maintain and

operate continuous monitoring equipment to monitor sulfur dioxide emissions.  Said

monitoring equipment shall conform to the minimum performance specifications

specified in section 5‐18 (a) (2) of this chapter and shall be operational on or before

January 20, 1979.  

(3) Maintenance of records of continuous monitors.  The owner or operator of any facility

which is required by sections 5‐18 (b) (1) and 5‐18 (b) (2) of this chapter to install,

calibrate, maintain, and operate continuous monitoring equipment shall maintain, for a

minimum of two years, a file of all information pertinent to each monitoring system

present at the facility.  Such information must include but is not limited to all emissions

data (raw data, adjusted data, and any or all adjusted factors used to convert emissions

from units of measurementto units ofthe applicable standard), performance evaluations,

calibrations and zero checks, and records of all malfunctions of monitoring equipment or

source and repair procedures performed.  

(4) Reporting of continuous monitoring information.  The owner or operator of any source

affected by 5‐18(b)(1) and 5‐18(b)(2) ofthis chaptershall provide quarterly reportsto the

health officer, no later than 30 calendar days following the end of the calendar quarter.  

All periods ofrecorded emissionsin excess ofthe applicable standard(s), the results of all

calibrations and zero checks and performance evaluations occurring during the reporting

period, and any periods of monitoring equipment malfunctions orsource upsets and any

apparent reasons for these malfunctions and upsets shall be included in the report.

(5) Exemptions from continuous monitoring requirements.  The owner or operator of any

source affected by sections 5‐18 (b) (1) and 5‐18 (b) (2) of this chapter is exempt if it can

be demonstrated that any of the conditions set forth in this subsection is met with the
ARTICLE VII PERFORMANCE TEST FOR STACK EMISSION TEST 

59 

provision that periodic recertification of the existence of these conditions can be

requested.  

(i) An affected source issubjectto a new source performance standard promulgated

in 40 C.FR  Part 60 as amended through September 28, 2007, as adopted in 567

IAC Chapter 25.

    

(ii) An affected steam generator had an annual capacity factorfor calendar year 1974

as reported to the Federal Power Commission, of less than 30 percent of the

projected use ofthe unitindicatesthe annual capacity factor will not be increased

above 30 percent in the future.  

(iii) An affected steam generator isscheduled to be retired from service on or before

July 20, 1982.  

(iv) The health officer may provide a temporary exemption from the monitoring and

reporting requirements during any period of monitoring system malfunction,

provided that the source owner or operator shows, to the satisfaction of the

health officer that the malfunction was unavoidable and is being repaired as

expeditiously as practical.  

(6) Extensions.  The owner or operator of any source affected by sections 5‐18 (b) (1) and

5‐18 (b) (2) of this chapter may request an extension of time provided for installation of

the required monitor by demonstrating to the health officer that good faith efforts have

been made to obtain and install the monitor in the prescribed time.

(7) Continuous emission monitoring under the acid rain program.  The continuous

emission monitoring requirementsfor affected units underthe acid rain program

as provided in 40 CFR 75 as adopted February 13, 2008, are adopted in 567 IAC

25.2 are adopted by reference and are incorporated herein asfully asthough set

forth in their entirety.  

5‐19.  Test Facilities.  

(a) Within sixty days after being notified by the health officer, itshall be the responsibility of

the person having control over the operation of any equipment to be tested under this

chapter to provide at his expense, but subject to the approval of the health officer, the

initial and annual performance or stack emission tests by an independent testing

organization or by any other qualified person.  The performance or stack emission test

may be observed by the health officer or his designated representative.  Performance test

review fees may be established by resolution of the Polk County Board of Supervisors.

(b) It shall be the responsibility of the person having control over the operation of any

equipment to be tested under this chapter to provide at his expense reasonable and
ARTICLE VII PERFORMANCE TEST FOR STACK EMISSION TEST 

60 

necessary openings in the system or stack and safe and easy access thereto in order to

permit technically valid samples and measurementsto be taken for the purposes of this

chapter.  All new potentialsources of air contaminants erected afterthe effective date of

this chaptershall at the time of construction be provided with adequate openingsin the

system or stack, and safe and easy access thereto in order to permit technically valid

samples and measurementsto be taken under this chapter and the planstherefore shall

show such openings.
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5‐20.  National Emission Standards for Hazardous Air Pollutants (NESHAP) for Source Categories.

The federalstandardsfor emissions of hazardous air pollutantsforsource categories, 40 Code of

Federal Regulations Part 63 as amended or corrected through March 3, 2010, as adopted in 567

IAC 23.1(4), are adopted by reference, except those provisions which cannot be delegated to the

states. The corresponding 40 CFR Part 63 subpart designation is in parentheses. An earlier date

for adoption by reference may be included with the subpart designation in parentheses. 40 CFR

Part 63, Subpart B, incorporatesthe requirements of Clean Air Act Sections 112(g) and 112(j) and

does not adopt standards for a specific affected facility. Test methods (Appendix A), sources

defined for early reduction provisions (Appendix B), and determination of the fraction

biodegraded (Fbio) in the biological treatment unit (Appendix C) of Part 63 also apply to the

affected activities orfacilities. Forthe purposes of thissubrule, “hazardous air pollutant” hasthe

same meaning found in 567—22.100(455B). For the purposes of this subrule, a “major source”

means any stationary source or group ofstationary sourceslocated within a contiguous area and

under common control that emits or has the potential to emit, considering controls, in the

aggregate, 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of

any combination of hazardous air pollutants, unless a lesser quantity is established, orin the case

ofradionuclides, where different criteria are employed. Forthe purposes ofthissubrule, an “area

source” means any stationary source of hazardous air pollutants that is not a “major source” as

defined in this chapter.

(a)       General provisions.  General provisions apply to owners or operators of affected activities or

facilities except when otherwise specified in a particular subpart or in a relevant standard.  

(Subpart A).

(b)        Requirements for control technology determinations for major sources in accordance with

Clean Air Act Sections 112 (g) and 112 (j).  The owner or operator of a new or existing major

source of hazardous air pollutants which includes one or more stationary sourcesincluded in

a source category or subcategory for which the U.S. Environmental Protection Agency has

failed to promulgate an emission standard within 18 months of the deadline established

under 112(d) mustsubmit an application for a Title V permit or an application for a significant

permit modification or for an administrative amendment, whichever is applicable.    The

application must be made in accordance with procedures established under Title V, by the

section 112(j) deadline.  In addition, the owner or operator of a new emission unit may

submit an application for a Notice of MACT Approval before construction. (Subpart B).

(c)        Reserved.

   

(d)      Compliance extensions for early reductions of hazardous air pollutants. Compliance

extensions for early reductions of hazardous air pollutants are available to certain

owners or operators of an existing source who wish to obtain a compliance extension

from a standard issued under Section 112(d) of the Act.  (Subpart D).
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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(e)       Reserved

(f)               Emissions standards for organic hazardous air pollutants from the synthetic chemical

manufacturing industry.  These standards apply to chemical manufacturing process unitsthat

are part of a major source.  These standards include applicability provisions, definitions and

other general provisionsthat are applicable to Subparts F, G, and H of 40 CFR 63.  (Subpart F).

(g)      Emission standards for organic hazardous air pollutants from the synthetic organic chemical

manufacturing industry for process vents, storage vessels, transfer operations, and

wastewater.  These standards apply to al process vents, storage vessels, transfer racks, and

wastewater streams within a source subject to Subpart F of 40 CFR 63.  (Subpart G).

(h)      Emission standardsfor organic hazardous air pollutantsfor equipmentleaks.  These standards

apply to emissions of designated organic hazardous air pollutants from specified processes

that are located at a plant site that is a major source.  Affected equipment includes: pumps,

compressors, agitators, pressure relief devices, sampling connection systems, open ended

valves orlines, valves, connectors,surge control vessels, bottomsreceivers, instrumentation

systems and control devices orsystemsrequired by thissubpartthat are intended to operate

in organic hazardous air pollutantservice 300 hours or more during the calendar year within a

source subject to the provisions of a specific subpart in 40 CFR Part 63.  In organic hazardous

air pollutant or in organic HAP service means that a piece of equipment either contains or

contacts a fluid (liquid of gas) that is at least 5 percent by weight of total organic HAP's as

determined according to the provisions of 40 CFR Part 63.161. The provisions of 40 CFR Part

63.161 also specify how to determine that a piece of equipmentis notin organic HAP service.

(Subpart H).

(i)      Emission standards for organic hazardous air pollutants for certain processes subject to

negotiated regulation for equipment leaks.  These standards apply to emissions of designated

organic hazardous air pollutantsfrom specified processes(defined in 40 CFR 63.190) that are

located at a plant site that is a major source.   Subject equipment includes pumps,

compressors, agitators, pressure relief devices, sampling connection systems, open–ended

valves orlines, valves, connectors, and instrumentation systems at certain source categories. 

These standards establish the applicability of Subpart H for sources that are not classified as

synthetic organic chemical manufacturing industries.  (Subpart I)

(j)       Emission standards for hazardous air pollutants for polyvinyl chloride and copolymers

production.  (Part 63, Subpart J) Rescinded.

(k)          Reserved.

(l)           Emission standards for coke oven batteries.  These standards apply to existing coke oven
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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63 

batteries, including by‐product and nonrecovery coke oven batteries and to new coke oven

batteries, or as defined in this subpart.  (Subpart L).

(m)      Perchloroethylene air emission standards for dry cleaning facilities (40 CFR Part 63, Subpart

M).  These standards apply to the owner or operator of each dry cleaning facility that uses

perchloro–ethylene (also known as perc).  The specific standards applicable to dry cleaning

facilities, including the compliance deadlines, are set out in the federalregulations contained

in Subpart M.  In general,dry cleaning facilities must meet the following requirements, which

are set out in greater detail in Subpart M:

(1)  New and existing majorsource dry cleaning facilities are required to control emissions

to the level of the maximum achievable control technology (MACT).

(2)  New and existing area source dry cleaning facilities are required to control emissions

to the level achieved by generally available control technologies(GACT) or management

practices.

(3)   New area sources that are located in residential buildings and that commence

operation after July 13, 2006, are prohibited from using perc.

(4)  New area sourceslocated in residential buildingsthat commenced operation between

December 21, 2005, and July 13, 2006, must eliminate all use of perc by July 27, 2009.

(5)  Existing area sourceslocated in residential buildings must eliminate all use of perc by

December 21, 2020.

(6)  New area sources that are not located in residential buildings are prohibited from

operating transfer machines.

(7)  Existing area sourcesthat are not located in residential buildings are prohibited from

operating transfer machines after July 27, 2008.

(8)  All sources must comply with the requirements in Subpart M for emissions control,

equipment specifications, leak detection and repair, work practice standards, record

keeping and reporting. (Subpart M)

(n)          Emission standardsfor chromiumemissionsfromhard and decorative chromiumelectroplating

and chromium anodizing tanks.  These standardslimit the discharge of chromium compound

air emissionsfrom existing and new hard chromium electroplating, and chromium anodizing

tanks at major and area sources.  (Subpart N).

(o)         Emission standardsfor hazardous air pollutantsfor ethylene oxide commercialsterilization and

fumigation operations.  New and existing majorsource ethylene oxide commercialsterilization

and fumigation operations are required to control emissions to the level of the maximum

achievable control technology (MACT).    New and existing area source ethylene oxide

commercial sterilization and fumigation operations are required to control emissions to the

level achieved by generally available controltechnologies(GACT).  Certain sources are exempt

as described in 40 CFR 63.360.  (Subpart O).

(p)      Emission standards for primary aluminum reduction plants.  (Subpart LL) Rescinded.
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(q)     Emission standards for hazardous air pollutants for industrial process cooling towers.  These

standards apply to all new and existing industrial process cooling towers that are operated

with chromium‐based water treatment chemicals on or after September 8, 1994, and are

either major sources or are integral parts of facilities that are major sources.  (Subpart Q).

(r)         Emission standards for hazardous air pollutants for gasoline   distribution.  (Stage 1).  These

standards apply to all existing and new bulk gasoline terminals and pipeline breakoutstations

that are major sources of hazardous air pollutants or are located at plantsitesthat are major

sources.  Bulk gasoline terminals and pipeline breakout stations located within a contiguous

area or under common control with a refinery complying with 40 CFR Subpart CC are not

subject to 40 CFR Subpart R standards.  (Subpart R)

(s)           Emission standards for hazardous air pollutants for pulp and paper (noncombustion).  These

standards apply to pulping and bleaching process sources at kraft, soda, sulfite, and stand‐

alone semichemical pulp mills.  Affected sourcesinclude pulp mills and integrated mills(mills

that manufacture pulp and paper/paperboard) that chemically pulp wood fiber (using kraft,

sulfite, soda, or semichemical methods); pulp secondary fiber; pulp nonwood fiber; and

mechanically pulp wood fiber.  (Subpart S)

(t)            Emission standardsfor hazardous air pollutants: Halogenated solvent cleaning.  These standards

require batch solvent cleaning machines and in‐line solvent cleaning machines to meet

emission standards reflecting the application of maximum achievable control technology

(MACT) for major and area sources; area source batch cold cleaning machines are required to

achieve generally available controltechnology (GACT).  The subpartregulatesthe emissions of

the following halogenated hazardous air pollutant solvents: methylene chloride,

perchloroethylene, trichloroethylene, 1,1,1‐trichloroethane, carbon tetrachloride, and

chloroform.  (Subpart T).

(u)      Emission standards for hazardous air pollutants: Group I polymers and resins.  Applicable to

existing and new majorsourcesthat emit organic HAP during the manufacture or one or more

elastomers including but not limited to procucers or butyl rubber, halobutyl rubber,

epichlorohydrin elastomers, ethylene propylene rubber, Hypalon, neoprene, nitrile butadiene

rubber, nitrile butadiene latex, polybutadiene rubber/styrene butadiene rubber by solution,

polysulfide rubber,styrene butadiene rubber by emulsion, and styrene butadiene latex.  MACT

is required for major sources.  (Subpart U).

(v)           Reserved.

(w)      Emission standards for hazardous air pollutants for epoxy resins production and nonnylon

polyamides production. These standards apply to all existing, new and reconstructed

manufacturers of basic liquid epoxy resins and manufacturers of wetstrength resinsthat are

located at a plant site that is a major source.  (Subpart W).
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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65 

(x)      National emission standards for hazardous air pollutants from secondary lead smelting.

(Subpart X). Rescinded

(y)      Emission standardsfor marine tank vessel loading operations.  Thisstandard requires existing

and new major sources to control emissions using maximum achievable control technology

(MACT) to control hazardous air pollutants (HAP).  (Subpart Y).

(z)      Reserved.

(aa)     . Emission standards for hazardous air pollutants for phosphoric acid manufacturing.  These

standards apply to all new and existing major sources of phosphoric acid manufacturing.  

Affectedprocessesinclude, but are not limited to, wet process phosphoric acid processlines,

superphosphoric acid process lines, phosphate rock dryers, phosphate rock calciners, and

purified phosphoric acidprocess lines.  (Subpart AA)

(bb)       Emission standards for hazardous air pollutants for phosphate fertilizers production. These

standards apply to all new and existing major sources of phosphate fertilizer production

plants.  Affected processes include, but are not limited to, diammonium and

monoammonium phosphate process lines, granular triple superphosphate process lines,

and granular triple superphosphate storage buildings.  (Subpart BB)

(cc)        National emission standards for hazardous air pollutants from petroleum refineries. (Subpart

CC). Rescinded.

(dd)     Emission standards for hazardous air pollutants for off‐site waste and recovery operations.  

Thisrule appliestomajorsources or HAP emissions which receive certain wastes, used oil, and

used solvents from off‐site locations for storage, treatment, recovery, or disposal at the

facility.  Maximum achievable controltechnology (MACT) isrequired to reduce HAP emissions

from tanks,surface impoundments, containers, oil‐waterseparators, individual drain systems

and other material conveyance systems, process vents, and equipment leaks.  Regulated

entitiesinclude but are not limited to businessesthat operate any ofthe following: hazardous

waste treatment, storage, and disposal facilities; Resource Conservation and Recovery Act

(RCRA) exempt hazardous wastewater treatment facilities other than publicly owned

treatment works; used solvent recovery plants; RCRA exempt hazardous waste recycling

operations; used oil re‐refineries.  The regulations also apply to federal agency facilities that

operate any of the waste management or recovery operations.  (Subpart DD).   

(ee)       Emission standardsfor hazardous air pollutants from magnetic tape manufacturing operations.  

These standards apply tomajorsources performing magnetic tape manufacturing operations.  

(Subpart EE).

(ff)          Reserved.
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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66 

(gg)        National emission standardsfor hazardous air pollutantsfrom: aerospace manufacturing and

rework facilities.  These standards apply tomajorsourcesinvolved in the manufacture,repair,

or rework of aerospace components and assemblies, including but not limited to airplanes,

helicopters, missiles, and rockets for civil, commercial, or military purposes.  Hazardous air

pollutants regulated under this standard include chromium, cadmium, methylene chloride,

toluene, xylene, ethylene glycol, and glycol ethers.  (Subpart GG).

(hh)       Emission standards for hazardous air pollutants for oil and natural gas production.  These

standards apply to all new and existing major sources of oil and natural gas production.  

Affected sources include, but are not limited to, processing of liquid or gaseous

hydrocarbons, such as ethane, propane, butane, pentane, natural gas, and condensate

extracted from field natural gas.  (Subpart HH)

(ii)         Emission standards for hazardous air pollutants for shipbuilding and ship repair (surface

coating) operations.    (Subpart II). Rescinded.

(jj)     National emission standards for hazardous air pollutants from wood furniture manufacturing

operations. These standards apply to each facility thatis engaged, eitherin part orin whole, in

the manufacture of wood furniture or wood furniture components and that is located at a

plant site that is a major source. (Subpart JJ).

(kk)         Emission standards for hazardous air pollutants for the printing and publishing industry.  

Existing and new major sources are required to control hazardous air pollutants (HAP) using

the maximum achievable control technology (MACT).    Affected units are publication

rotogravure, product and packaging rotogravure, and wide‐web flexographic printing.  

(Subpart KK).

(ll)       Emission standards for hazardous air pollutants for primary aluminum reduction plants.  

(Subpart LL). Rescinded.

(mm)      Emission standards for hazardous air pollutants for chemical recovery combustion sources at

Kraft, Soda, Sulfite, and Stand‐alone Semichemical pulp mills. (Subpart MM).

(nn)        Reserved

(oo)       Emission standardsfortanks – level 1.  These provisions apply when another paragraph under

thisrule referencesthe use of this paragraph forsuch air emission control.  These air emission

standards are placed here for administrative convenience and only apply to those owners and

operators of facilities subject to the referencing paragraph.  The provisions of paragraph

23.1(4)“a,” general provisions(Subpart A), do not apply to this paragraph except asspecified

in a referencing paragraph.  (Part 63, Subpart OO)
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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67 

(pp)       Emission standardsfor containers.  These provisions apply when another paragraph underthis

rule references the use of this paragraph for such air emission control.  These air emission

standards are placed here for administrative convenience and only apply to those owners and

operators of facilities subject to the referencing paragraph.  The provisions of paragraph

23.1(4)“a,” general provisions(Subpart A), do not apply to this paragraph except asspecified

in a referencing paragraph.  (Part 63, Subpart PP)

(qq).      Emission standards for surface impoundments.   These provisions apply when another

paragraph under thisrule referencesthe use of this paragraph for such air emission control.  

These air emission standards are placed here for administrative convenience and only apply to

those owners and operators of facilitiessubject to the referencing paragraph.  The provisions

of paragraph 23.1(4)“a,” general provisions(Subpart A), do not apply to this paragraph except

as specified in a referencing paragraph.  (Part 63, Subpart QQ)

(rr)   .   Emission standards for individual drain systems.   These provisions apply when another

paragraph under thisrule referencesthe use of this paragraph for such air emission control.  

These air emission standards are placed here for administrative convenience and only apply to

those owners and operators of facilitiessubject to the referencing paragraph.  The provisions

of paragraph 23.1(4)“a,” general provisions(Subpart A), do not apply to this paragraph except

as specified in a referencing paragraph.  (Part 63, Subpart RR)

(ss)       Emission standards for closed vent systems, control devices, recovery devices and routing

to a fuel gas system or a process.  These provisions apply when another paragraph under

this rule references the use of this paragraph for such air emission control.  These air

emission standards are placed here for administrative convenience and only apply to those

owners and operators of facilities subject to the referencing paragraph.  The provisions of

paragraph 5‐20 (a) General provisions (Subpart A) do not apply to this paragraph except as

specified in a referencing paragraph. (Subpart SS)

(tt)       Emission standards for equipment leaks‐control level 1.  These provisions apply to the

control of air emissions from equipment leaks for which another paragraph under this rule

references the use of this paragraph for such air emission control.  These air emission

standards for equipment leaks are placed here for administrative convenience and only

apply to those owners and operators of facilities subject to the referencing paragraph.  The

provisions of paragraph 5‐20 (a) General provisions (Subpart A) do not apply to this

paragraph except as specified in a referencing paragraph (Subpart TT).

(uu)       Emission standards for equipment leaks‐control level 2 standards.  These provisions apply

to the control of air emissions from equipment leaks for which another paragraph under

this rule references the use of this paragraph for such air emission control.  These air

emission standards for equipment leaks are placed here for administrative convenience

and only apply to those owners and operators of facilities subject to the referencing

paragraph.  The provisions of paragraph 5‐20 (a) General provisions (Subpart A) do not

apply to this paragraph except as specified in a referencing paragraph (Subpart UU).
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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(vv)       Emission standardsfor oil–waterseparators and organic–waterseparators.  These provisions

apply when another paragraph underthisrule referencesthe use ofthis paragraph forsuch air

emission control.  These air emission standards are placed here for administrative convenience

and only apply to those owners and operators of facilities subject to the referencing

paragraph.  The provisions of paragraph 23.1(4)“a,” general provisions (Subpart A), do not

apply to this paragraph except asspecified in a referencing paragraph.  (Part 63, Subpart VV)

(ww)       Emission standards for storage vessels (tanks)‐control level 2.  These provisions apply to the

control of air emissions from storage vessels for which another paragraph under this rule

references the use of this paragraph for such air emission control.  These air emission

standards for equipment leaks are placed here for administrative convenience and only

apply to those owners and operators of facilities subject to the referencing paragraph.  The

provisions of paragraph 5‐20 (a) General provisions (Subpart A) do not apply to this

paragraph except as specified in a referencing paragraph (Subpart WW).

(xx)       Emission standards for ethylene manufacturing process units:  heat exchange systems and

waste operations.   This standard applies to hazardous air pollutants (HAPs) from heat

exchange systems and waste streams at new and existing ethylene production units.  (Part 63,

Subpart XX)

(yy)       Emission standards for hazardous air pollutants: generic maximum achievable control

technology (Generic MACT).  These standards apply to new and existing major sources of

acetal resins (AR) production, acrylic and modacrylic fiber (AMF) production, hydrogen

fluoride (HF) production and polycarbonate (PC) production.  Affected processes include,

but are not limited to, producers of homopolymers and copolymers of alternating

oxymethylene units, acrylic fiber, modacrylic fiber synthetics composed of acrylonitrile

(AN) units, hydrogen fluoride and polycarbonate  (Subpart YY).

(zz)       Reserved.

(aaa) to (bbb) Reserved.

(ccc)      Emission standards for hazardous air pollutants for steel pickling‐HCL process facilities and

hydrochloric acid regeneration plants.  (Subpart CCC). Rescinded.

(ddd)       Emission standards for hazardous air pollutants for mineral wool production.  These

standards apply to all new and existing major sources of mineral wool production.  

Affected processes include, but are not limited to, cupolas and curing ovens (Subpart DDD).

(eee)       Emission standards for hazardous air pollutants from hazardous waste combustors.  These

standards apply to all hazardous waste combustors:  hazardous waste incinerators, hazardous

waste burning cement kilns, hazardous waste burning lightweight aggregate kilns, hazardous
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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69 

waste solid fuel boilers, hazardous waste liquid fuel boilers, and hazardous waste hydrochloric

acid production furnaces, except as specified in Subpart EEE.  Both area sources and major

sources are subject to thissubpart as of April 19, 1996, and are subject to the requirement to

apply for and obtain a Title V permit.  (Part 63, Subpart EEE)

(fff)       Reserved.

(ggg)       Emission standards for hazardous air pollutants for pharmaceutical manufacturing.  These

standards apply to producers of finished dosage forms of drugs, for example, tablets,

capsules, and solutions, that contain an active ingredient generally, but not necessarily, in

association with inactive ingredients.  Pharmaceuticals include components whose

intended primary use is to furnish pharmacological activity or other direct effect in the

diagnosis, cure, mitigation, treatment, or prevention of disease, or to affect the structure

or any function of the body of humans or other animals.  The regulations do not apply to

research and development facilities (Subpart GGG).

(hhh)       Emission standards for hazardous air pollutants for natural gas transmission and storage.  

These standards apply to all new and existing major sources of natural gas transmission

and storage.  Natural gas transmission and storage facilities are those that transport or

store natural gas prior to its entering the pipeline to a local distribution company.  Affected

sources include, but are not limited to, mains, valves, meters, boosters, regulators, storage

vessels, dehydrators, compressors and delivery systems  (Subpart HHH).

(iii)       Emission standards for hazardous air pollutants for flexible polyurethane foam production.  

These standards apply to producers of slabstock, molded, and rebond flexible

polyurethane foam.  The regulations do not apply to processes dedicated exclusively to the

fabrication (i.e., gluing or otherwise bonding foam pieces together) of flexible

polyurethane foam or to research and development (Subpart III).

(jjj)       Emission standards for hazardous air pollutants: Group IV polymers and resins.  Applicable to

existing and new major   sources that emit organic HAP during the manufacture of the

following polymers and resins: acrylonitrile butadiene styrene resin (ABS),styrene acrylonitrile

resin (SAN), methyl methacrylate acrylonitrile butadiene styrene resin (MABS), methyl

methacrylate butadiene styrene resin (MBS), polystyrene resin, poly (ethylene terephthalate)

resin (PET), and nitrile resin.  MACT is required for major sources  (Subpart JJJ).

(kkk)      Reserved.

(lll)       Emission standards for hazardous air pollutants for Portland cement manufacturing

operations.  These standards apply to all new and existing major and area sources of

Portland cement manufacturing unless exempted.  Cement kiln dust (CKD) storage

facilities, including CKD piles and landfills are excluded from this standard.  Affected

processes include, but are not limited to, all cement kilns and in‐line kiln/raw mills, unless
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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they burn hazardous waste (Subpart LLL).

(mmm)   Emission standards for hazardous air pollutants for pesticide active ingredient production.  

These standards apply to all new and existing major sources of pesticide active ingredient

production that manufacture organic pesticide active ingredients (PAI), including

herbicides, insecticides, and fungicides.  Affected processes include, but are not limited to,

processing equipment, connected piping and ducts, associated storage vessels, pumps,

compressors, agitators, pressure relief devices, sampling connection systems, open‐ended

valves or lines, valves and connectors.  Exempted sources include research and

development facilities, storage vessels already subject to another 40 CFR Part 63 NESHAP,

production or ethylene, storm water from segregated sewers, water from fire‐fighting and

deluge systems (including testing of such systems) and various spills (Subpart MMM).

(nnn)       Emission standards for hazardous air pollutants for wool fiberglass manufacturing.  These

standards apply to all new and existing major sources of wool fiberglass manufacturing.  

Affected processes include, but are not limited to, all glass‐melting furnaces, rotary spin

(RS) manufacturing lines that produce bonded building insulation, flame attenuation (FA)

manufacturing lines producing bonded pipe insulation and new FA manufacturing lines

producing bonded heavy‐density products (Subpart NNN).

(ooo)       Emission standards for hazardous air pollutants for amino/phenolic resins production.  

These standards apply to new or existing facilities that own or operate an amino or

phenolic resins production unit (Subpart OOO).

(ppp)       Emission standards for hazardous air pollutants for polyether polyols production.  These

standards apply to all new and existing major sources of polyether polyols.  Polyether

polyols are compounds formed through polymerization of ethylene oxide, propylene oxide

or other cyclic ethers with compounds having one or more reactive hydrogens to form

polyethers.  Affected processes include, but are not limited to, storage vessels, process

vents, heat exchange systems, equipment leaks and wastewater operations  (Subpart PPP).

(qqq)       Emission standards for hazardous air pollutants for primary copper smelting  (Subpart

QQQ). Rescinded.

(rrr)       Emission standards for hazardous air pollutants for secondary aluminum production.  

Regulated entities include, but are not limited to, secondary smelting and alloying of

aluminum facilities, secondary aluminum production facility affected sources that are

collocated at: primary aluminum production facilities, aluminum sheet, plate, and foil

manufacturing facilities, aluminum extruded product manufacturing facilities, other

aluminum rolling and drawing facilities, aluminum die casting facilities, and aluminum

foundry facilities  (Subpart RRR).

(sss)      Reserved.
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(ttt)       Emission standards for hazardous air pollutants for primary lead smelting.  (Subpart TTT).

Rescinded.

(uuu)       Emission standards for hazardous air pollutants for petroleum refineries:  catalytic cracking

units, catalytic reforming units, and sulfur recovery units.  This standard applies to a new or

existing petroleum refinery thatislocated at a majorsource of hazardous air pollutants(HAPs)

emissions.  (Part 63, Subpart UUU)

(vvv)       Emission standards for hazardous air pollutants for publicly owned treatment works

(POTW) (Subpart VVV).

(www)     Reserved.

(xxx)       Emission standards for hazardous air pollutants for ferroalloys production: ferromanganese

and silicomanganese.  These standards apply to all new and existing major sources of

ferroalloys production of ferromanganese and silicomanganese.  Affected processes

include, but are not limited to, submerged arc furnaces, metal oxygen refining (MOR)

processes, crushing and screening operations, and fugitive dust sources (Subpart XXX).

(yyy) to (zzz) Reserved.

(aaaa)     Emission standardsfor hazardous air pollutants:  municipalsolid waste landfills.  Thisstandard

applies to existing and new municipal solid waste (MSW) landfills.  (Part 63, Subpart AAAA)

(bbbb)     Reserved.

(cccc)     Emission standards for hazardous air pollutants for manufacturing of nutritional yeast

(Subpart CCCC).

(dddd)     Emission standards for hazardous air pollutants for plywood and composite wood products

(formerly plywood and particle board manufacturing).  These standards apply to new and

existing major sources with equipment used to manufacture plywood and composite wood

products.  This equipmentincludes dryers,refiners, blenders,formers, presses, board coolers,

and other process units associated with themanufacturing process.  This also includes coating

operations, on–site storage and wastewatertreatment.  However, only certain process units

(defined in the federal rule) are subject to control or work practice requirements.  (Part 63,

Subpart DDDD)

(eeee)      Emission standardsfor hazardous air pollutantsfor organic liquids distribution (non–gasoline). 

These standards apply to new and existing major source organic liquids distribution (non–

gasoline) operations, which are carried out atstorage terminals,refineries, crude oil pipeline

stations, and various manufacturing facilities.  (Part 63, Subpart EEEE)
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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(ffff)         Emission standards for hazardous air pollutants for miscellaneous organic chemical

manufacturing (MON).  These standards establish emission limits and work practice standards

for new and existing major sources with miscellaneous organic chemical manufacturing

process units, wastewater treatment and conveyance systems, transfer operations, and

associated ancillary equipment.  (Part 63, Subpart FFFF)

(gggg)     Emission standards for hazardous air pollutants for solvent extraction for vegetable oil

production.  Regulated entities include, but are not limited to cottonseed oil mills, soybean

oil mills, other vegetable oil mills, excluding soybeans and cotton seed mills, prepared

feeds and feed ingredients for animals and fowls, excluding dogs and cats, Flour and other

grain mill product mills, and wet corn milling (Subpart GGGG).

(hhhh)   Emission standardsfor hazardous air pollutantsfor wet–formed fiberglass mat production.  This

standard applies to wet–formed fiberglass mat production plants that are major sources of

hazardous air pollutants.  These plants may be stand–alone facilities or located with asphalt

roofing and processing facilities.  (Part 63, Subpart HHHH)

(iiii)      .  Emission standardsfor hazardous air pollutantsforsurface coating of automobiles and light–

duty trucks.  These standards apply to new, reconstructed, or existing affected sources, as

defined in the standard, that are located at a facility which applies topcoat to new

automobile or new light–duty truck bodies or body partsfor new automobiles or new light–

duty trucks and that is a major source, is located at a major source, or is part of a major

source of emissions of hazardous air pollutants.   Additional applicability criteria and

exemptions from these standards may apply.  (Part 63, Subpart IIII)

(jjjj)       Emission standards for hazardous air pollutants for paper and other web coating.  

Regulated entities include, but are not limited to those facilities with web coating

operations that coat substrate used in products including, but not limited to: corrugated

and solid fiber boxes; folding paperboard boxes, including sanitary; flexible packaging

(packing paper and plastics film, coated and laminated paper, not elsewhere classified

(nec); plastics, foil, and coated paper bags; uncoated paper and multiwall; die‐cut paper

and board; converted paper and paperboard products, nec (gift wrap, paper wallpaper,

cigarette paper); commercial printing, gravure; manifold business forms; plastic profile

shapes; abrasive products; laminated aluminum (metal) foil and leaf, flexible packaging;

photographic equipment and supplies; carbon paper and inked ribbons; linoleum

asphalted‐felt base, and other hard surface floor coverings (Subpart JJJJ).

(kkkk)     Emission standards for hazardous air pollutants for surface coating of metal cans.  These

standards apply to a metal can surface coating operation that uses at least 5,700 liters(1,500

gallons(gal)) of coatings per year and is a majorsource, islocated at a majorsource, or is part

of a majorsource of hazardous air pollutant emissions.  Coating operationslocated at an area
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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source are notsubjectto thisrule.  Additional applicability criteria and exemptionsfrom these

standards may apply.  (Part 63, Subpart KKKK)

(llll)       Reserved.

(mmmm) Emission standards for hazardous air pollutants for surface coating of miscellaneous metal

parts and products.  These standards apply tomiscellaneous metal parts and productssurface

coating facilitiesthat are a majorsource, are located at a majorsource, or are part of a major

source of hazardous air pollutant emissions.  Amiscellaneousmetal parts and productssurface

coating facility that islocated at an area source is notsubjectto thisstandard.  Certain sources

are exempt as described in the standard.  (Part 63, Subpart MMMM)

(nnnn) Emission standards for hazardous air pollutants:  surface coating of large appliances.  This

standard appliesto a facility that applies coatingsto large appliance parts or products, and is a

major source, is located at a major source, or is part of a major source of emissions of

hazardous air pollutants(HAPs).  The large appliancessource category includesfacilitiesthat

apply coatings to large appliance parts or products.  Large appliances include “white goods”

such as ovens, refrigerators, freezers, dishwashers, laundry equipment, trash compactors,

water heaters, comfortfurnaces, electric heat pumps and most HVAC equipmentintended for

any application.  (Part 63, Subpart NNNN)

(oooo)     Emission standardsfor hazardous air pollutantsfor printing, coating, and dyeing of fabrics and

other textiles.  These standards apply to new and existing facilities with fabric or other textile

coating, printing, slashing, dyeing, or finishing operations, or group of such operations, that

are a majorsource of hazardous air pollutants or are part of a facility that is a majorsource of

hazardous air pollutants.  Coating, printing,slashing, dyeing, orfinishing operationslocated at

an area source are notsubject to thisstandard.  Several exclusionsfrom thissource category

are listed in the standard.  (Part 63, Subpart OOOO)

(pppp) Emission standardsforsurface coating of plastic parts and products.  These standards apply to

new and existing majorsources with equipment used to coat plastic parts and products.  The

surface coating application process includes drying/curing operations, mixing or thinning

operations, and cleaning operations.  Coating materialsinclude, but are notlimited to, paints,

stains, sealers, topcoats, basecoats, primers, inks, and adhesives.  (Part 63, Subpart PPPP)

(qqqq)     Emission standardsfor hazardous air pollutantsforsurface coating of wood building products.  

These standards establish emission limitations, operating limits, and work practice

requirements for wood building products surface coating facilities that use at least 1,100

gallons of coatings per year and are a majorsource, are located at a majorsource, or are part

of a major source of hazardous air pollutant emissions.  Wood building products surface

coating facilitieslocated at an area source are notsubjectto thisstandard.  Several exclusions

from this source category are listed in the standard.  (Part 63, Subpart QQQQ)
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(rrrr)        Emission standards for hazardous air pollutants:  surface coating of metal furniture.  This

standard appliesto a metal furniture surface coating facility that is a majorsource, islocated

at a major source, or is part of a major source of HAP emissions.  A metal furniture surface

coating facility is one that applies coatings to metal furniture or components of metal

furniture.  Metal furniture meansfurniture or componentsthat are constructed either entirely

or partially from metal.  (Part 63, Subpart RRRR)

(ssss)       Emission standards for hazardous air pollutants:  surface coating of metal coil.  This standard

requiresthat all new and existing “major” air toxicssourcesin the metal coil coating industry

meet specific emission limits.  Metal coil coating is the process of applying a coating (usually

protective or decorative) to one or both sides of a continuousstrip ofsheet metal.  Industries

using coatedmetal include:  transportation, building products, appliances, canmanufacturing,

and packaging.  Other products using coated metal coil include measuring tapes, ventilation

systems for walls and roofs, lighting fixtures, office filing cabinets, cookware, and sign stock

material.  (Part 63, Subpart SSSS)

(tttt)       Emission standards for hazardous air pollutants for leather finishing operations This

standard appliesto a new or existing leather finishing operation that is a major source of

hazardous air pollutants (HAPs) emissions or that is located at, or is part of, a major

source of HAP emissions.  In general, a leather finishing operation is a single process or

group of processes used to adjust and improve the physical and aesthetic characteristics

of the leather surface through multistage application of a coating comprised of dyes,

pigments,film‐formingmaterials, and performancemodifiers dissolved orsuspended in

liquid carriers. (Subpart TTTT).

(uuuu)     Emission standards for hazardous air pollutants for cellulose products manufacturing.

Regulated entities include, but are not limited to those facilities with operations that

include Caroxymethylcellulose Production, Cellulose Ethers Production, Cellulose Food

Casing Manufacturing, Cellophane Production, Methylcellulose Production, and Rayon

Production (Subpart UUUU).

(vvvv)     Emission standards for hazardous air pollutants for boat manufacturing. Regulated entities

include, but are not limited to those facilities that perform fiberglass production operations

or aluminum coating operations; shipbuilding and repair facilities that perform fiberglass

production operations; and federally owned facilities (e.g. Navy shipyards) that perform

fiberglass production operations  

(Subpart  VVVV).

(wwww) Emission standardsfor hazardous air pollutants:  reinforced plastic composites production.This

standard appliesto a new or an existing reinforced plastic composites production facility that

is located at a major source of HAP emissions.  (Part 63, Subpart WWWW)
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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(xxxx)   Emission standards for hazardous air pollutants:  rubber tire manufacturing.  This standard

appliesto a rubber tire manufacturing facility that islocated at, or is a part of, a majorsource

of hazardous air pollutant (HAP) emissions.   Rubber tire manufacturing includes the

production of rubber tires and/or the production of componentsintegral to rubber tires, the

production of tire cord, and the application of puncture sealant.  (Part 63, Subpart XXXX)

(yyyy)     Emission standards for hazardous air pollutants for stationary combustion turbines.  These

standards apply to stationary combustion turbines which are located at a major source of

hazardous air pollutant emissions.  Several subcategories have been defined within the

stationary combustion turbine source category.  Each subcategory has distinct

requirements as specified in the standards.  These standards do not apply to stationary

combustion turbines located at an area source of hazardous air pollutant emissions.  (Part

63, Subpart YYYY)

(zzzz)      Emission standardsforstationary reciprocating internal combustion engines.  These standards

apply to new and existing major sources with stationary reciprocating internal combustion

engines (RICE).  For purposes of these standards,  stationary RICE means any reciprocating

internal combustion engine which uses reciprocating motion to convert heat energy into

mechanical work and which is not mobile.  (Part 63, Subpart ZZZZ, as amended through

January 30, 2013).

(aaaaa)     Emission standards for hazardous air pollutants for lime manufacturing plants.   These

standards regulate hazardous air pollutant emissions from new and existing lime

manufacturing plantsthat are majorsources, are colocated with majorsources, or are part of

major sources.  Additional applicability criteria and exemptions from these standards may

apply.  (Part 63, Subpart AAAAA)

(bbbbb)    Emission standards for hazardous air pollutants:  semiconductor manufacturing.   These

standards apply to new and existing majorsources with semiconductor manufacturing.  (Part

63, Subpart BBBBB)

(ccccc)    Emission standards for hazardous air pollutants for coke ovens:  pushing, quenching, and

battery stacks.  Thisstandard appliesto a new or existing coke oven battery at a plantthatis a

major source of HAP emissions.  (Part 63, Subpart CCCCC)

(ddddd)   Emission standards for industrial, commercial and institutional boilers and process

heaters.  These standards apply to new and existing major sources with industrial,

commercial or institutional boilers and process heaters.   (Part 63, Subpart DDDDD)* As of

April 15, 2009, the adoption by reference of Part 63, Subpart DDDDD, is rescinded. On July

30, 2007, the United States Court of Appeals for the District of Columbia Circuit issued its

mandate vacating 40 CFR Part 63, Subpart DDDDD, in its entirety, and requiring EPA to

repromulgate final standards for industrial, commercial or institutional boilers and process

heaters at new and existing major sources.  
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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76 

(eeeee)   Emission standardsfor hazardous air pollutantsforiron and steel foundaries.  These standards

apply to each new or existing iron and steel foundary that is a major source of hazardous air

pollutant emissions.   A new affected source is an iron and steel foundary for which

construction orreconstruction began after December 23, 2002.  An existing affected source is

an iron and steel foundary for which construction or reconstruction began on or before

December 23, 2002.  (Part 63, Subpart EEEEE)

(fffff)      Emission standards for hazardous air pollutants for integrated iron and steel

manufacturing.  These standards apply to affected sources at an integrated iron and steel

manufacturing facility that is, or is part of, a major source of hazardous air pollutant

emissions.  The affected sources are each new or existing sinter plant, blast furnace, and

basic oxygen process furnace (BOPF) shop at an integrated iron and steel manufacturing

facility that is, or is part of, a major source of hazardous air pollutant emissions.  (Part 63,

Subpart FFFFF)
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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77 

(ggggg)   Emission standards for hazardous air pollutants:  site remediation.  These standards apply to

new and existing majorsources with certain types ofsite remediation activity on the source’s

property or on a contiguous property.  These standards control hazardous air pollutant (HAP)

emissions at majorsources where remediation technologies and practices are used atthe site

to clean up contaminated environmental media (e.g.,soil, groundwater, orsurface water) or

certain stored or disposed materials that pose a reasonable potential threat to contaminate

environmental media. Some site remediations already regulated by rules established under

the Comprehensive Environmental Response and Compensation Liability Act (CERCLA) orthe

Resource Conservation and Recovery Act (RCRA) are not subject to these standards, as

specified in Subpart GGGGG.  There are also exemptionsfor short–term remediation and for

certain leaking underground storage tanks, asspecified in Subpart GGGGG.  (Part 63, Subpart

GGGGG)

(hhhhh) Emission standardsfor hazardous air pollutantsformiscellaneous coatingmanufacturing.  These

standards establish emission limits and work practice requirements for new and existing

miscellaneous coating manufacturing operations, including, but notlimited to, process vessels,

storage tanks, wastewater,transfer operations, equipmentleaks, and heat exchange systems. 

(Part 63, Subpart HHHHH)

(iiiii)     Emission standards for mercury emissions from mercury cell chlor–alkali plants.  These

standards apply to the chlorine production source category.  This source category contains

the mercury cell chlor–alkali plant subcategory and includes all plants engaged in the

manufacture of chlorine and caustic in mercury cells.  These standards define two affected

sources:  mercury cell chlor–alkali production facilities and mercury recovery facilities.  

(Part 63, Subpart IIIII)

(jjjjj)     Emission standards for hazardous air pollutants for brick and structural clay products

manufacturing.  These standards apply to new and existing brick and structural clay

products manufacturing facilities that are, are located at, or are part of a major source of

hazardous air pollutant emissions.  The brick and structural clay products manufacturing

source category includes those facilities that manufacture brick including, but not limited

to, face brick, structural brick, and brick pavers; clay pipe; roof tile; extruded floor and wall

tile; or other extruded, dimensional clay products.  Additional applicability criteria and

exemptions from these standards are contained in the applicable subpart.  (Part 63, Subpart

JJJJJ)  *As of April 15, 2009, the adoption by reference of Part 63, Subpart JJJJJ, is rescinded.

On June 18,2007, the United States Court of Appeals for the District of Columbia Circuit

issued its mandate vacating 40 CFR Part 63, Subpart JJJJJ, in its entirety, and requiring EPA

to repromulgate final standards for brick and structural clay products manufacturing at new

and existing major sources.

   
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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78 

(kkkkk)  . Emission standards for hazardous air pollutants for clay ceramics manufacturing.  These

standards apply to clay ceramics manufacturing facilities that are, are located at, or are

part of a major source of hazardous air pollutant emissions.  The clay ceramics

manufacturing source category includes those facilities that manufacture pressed floor tile,

pressed wall tile, and other pressed tile; or sanitary ware, such as toilets and sinks.  (Part

63, Subpart KKKKK)

(lllll)      Emission standards for hazardous air pollutants:   asphalt processing and asphalt roofing

manufacturing.  This standard applies to an existing or new asphalt processing or asphalt

roofing manufacturing facility that is a major source of hazardous air pollutants (HAPs)

emissions, or is located at, or is part of a major source of HAP emissions.  (Part 63, Subpart

LLLLL)

(mmmmm) Emission standards for hazardous air pollutants:  flexible polyurethane foam fabrication

operations.  This standard applies to a new or existing source at a flexible polyurethane

foam fabrication facility.  The standard defines two affected sources (units or collections of

units to which a given standard or limit applies) corresponding to the two subcategories,

loop slitter adhesive use or flame lamination.  (Part 63, Subpart MMMMM)

(nnnnn)   Emission standardsfor hazardous air pollutants:  hydrochloric acid production.  Thisstandard

applies to a new or existing HCl production facility that produces a liquid HCl product at a

concentration of 30 weight percent or greater during its normal operations and islocated at,

or is part of, a major source of HAP.  This does not include HCl production facilities that only

occasionally produce liquid HCl product at a concentration of 30 weight percent or greater.  

(Part 63, Subpart NNNNN)

(ooooo) Reserved.

(ppppp)  Emission standardsfor hazardous air pollutants:  engine test cells/stands.  Thisstandard applies

to an engine test cell/stand that islocated at a majorsource of HAP emissions.  An engine test

cell/stand is any apparatus used for testing uninstalled stationary or uninstalled mobile

engines.  (Part 63, Subpart PPPPP)

(qqqqq)  Emission standardsfor hazardous air pollutantsfor friction materials manufacturing facilities.  

Thisstandard appliesto a new or existing friction materials manufacturing facility thatis(oris

part of) a major source of hazardous air pollutants (HAPs) emissions.   Friction materials

manufacturing facilities produce friction materials for use in brake and clutch assemblies.  

(Part 63, Subpart QQQQQ)

(rrrrr)        Emission standards for hazardous air pollutants:  taconite iron ore processing.  (Part 63,

Subpart RRRRR) Rescinded.
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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79 

(sssss)   Emission standards for hazardous air pollutants for refractory products manufacturing.  This

standard applies to a new or existing refractory products manufacturing facility that is, is

located at, or is part of, a major source of hazardous air pollutant (HAP) emissions.  (Part 63,

Subpart SSSSS)

(ttttt)       Emission standards for hazardous air pollutants:   primary magnesium refining.    (Part 63,

Subpart TTTTT) Rescinded.

(uuuuu to vvvvv)  Reserved.

(wwwww)   Emission standardsfor hazardous air pollutantsfor hospital ethylene oxide sterilizer area

sources. This standard applies to a hospital that is an area source for hazardous air pollutant

emissions and that owns or operates a new or existing ethylene oxide sterilization facility.

(Part 63, Subpart WWWWW)

(xxxxx).   Reserved.

(yyyyy).   Emission standardsfor hazardous air pollutantsfor electric arc furnace steelmaking area

sources. This standard applies to new or existing electric arc furnace (EAF) steelmaking

facilitiesthat are area sourcesfor hazardous air pollutant emissions. (Part 63, Subpart YYYYY)

(zzzzz).   Emission standards for hazardous air pollutants for iron and steel foundry area sources.

This standard applies to new or existing iron and steel foundries that are area sources for

hazardous air pollutant emissions. (Part 63, Subpart ZZZZZ)

Subparts (aaaaaa) – [Reserved)

(bbbbbb) National Emission Standards for Hazardous Air Pollutants for Source Category:

Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities (Part 63,

Subpart BBBBBB)

(cccccc) Emmission standards for hazardous air pollutants for area sources: gasoline dispensing

facilities. This standard applies to new and existing gasoline dispensing facilities (GDF)

that are area sources for hazardous air pollutant emissions. The affected equipment

includes each gasoline cargo tank during delivery of product to GDF and also includes

each storage tank. The equipment used for refueling of motor vehicles is not covered

under these standards. (Part 63, Subpart CCCCCC)  

(dddddd) to (gggggg) Reserved.

   

(hhhhhh) National Emission Standards for Hazardous Air Pollutants: Paint Stripping and

Miscellaneous Surface Coating Operations at Area Sources.(Part 63, Subpart HHHHHH)

This standard applies to new or existing area sources of hazardous air pollutant
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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80 

emissions that engage in any of the following activities: (1) paint stripping operations

that use methylene chloride (MeCl)‐containing paint stripping formulations; (2) spray

application of coatings to motor vehicles or mobile equipment; or (3) spray application

of coatings to plastic or metal substrate with coatings that contain compounds of

chromium (Cr), lead (Pb), manganese (Mn), nickel (Ni) or cadmium (Cd).  

Subparts (iiiiii) – (kkkkkk) ‐ [Reserved]

(llllll) .   Emission standards for hazardous air pollutants for acrylic and modacrylic fibers

production area sources. This standard applies to acrylic and modacrylic fibers production

plants that are area sources for hazardous air pollutant emissions. (Part 63, Subpart LLLLLL)

(mmmmmm)   Emission standardsfor hazardous air pollutantsfor carbon black production area sources.

This standard applies to carbon black production plants that are area sourcesfor hazardous

air pollutants. (Part 63, Subpart MMMMMM)

(nnnnnn)   Emission standardsfor hazardous air pollutantsfor chemical manufacturing of chromium

compounds area sources. Thisstandard appliesto plantsthat produce chromiumcompounds

and are area sources for hazardous air pollutants. (Part 63, Subpart NNNNNN)

(oooooo).   Emission standardsfor hazardous air pollutantsforflexible polyurethane foamproduction

and fabrication area sources. This standard applies to plants that produce flexible

polyurethane foam or rebond foam, and plants that fabricate polyurethane foam, that are

area sourcesfor hazardous air pollutants. Thisstandard appliesto both new and existing area

sources. An affected source is existing if construction or reconstruction commenced on or

before April 4, 2007. An affected source is new if construction orreconstruction commenced

after April 4, 2007. (Part 63, Subpart OOOOOO)

(pppppp).   Emission standardsfor hazardous air pollutantsforlead acid battery manufacturing area

sources. Thisstandard appliesto lead acid battery manufacturing plantsthat are area sources

for hazardous air pollutants. Affected sources include all grid casting facilities, paste mixing

facilities, three‐process operation facilities, lead oxide manufacturing facilities, lead

reclamation facilities, and any other lead‐emitting operation that is associated with a lead

acid battery manufacturing plant. This standard applies to both new and existing area

sources. An affected source is existing if construction or reconstruction commenced on or

before April 4, 2007. An affected source is new if construction orreconstruction commenced

after April 4, 2007. (Part 63, Subpart PPPPPP)

(qqqqqq)   Emission standards for hazardous air pollutants for wood preserving area sources. This

standard applies to wood preserving operations that are area sources for hazardous air

pollutants. Thisstandard appliesto both new and existing area sources. An affected source is

existing if construction orreconstruction commenced on or before April 4, 2007. An affected
ARTICLE VIII. NATIONAL EMISSION STANDARDS FOR 

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81 

source is new if construction or reconstruction commenced after April 4, 2007. (Part 63,

Subpart QQQQQQ)

(rrrrrr)  Emission standards for hazardous air pollutants for clay ceramics manufacturing area sources.

This standard applies to any new or existing clay ceramics manufacturing facility with an

atomized glaze spray booth or kiln that fires glazed ceramic ware, that processes more than

50 tons per year of wet clay, and that is an area source for hazardous air pollutant emissions.

(Part 63, Subpart RRRRRR)

(ssssss)   Emission standardsfor hazardous air pollutantsfor glassmanufacturing area sources. This

standard appliesto any new or existing glass manufacturing facility that is an area source for

hazardous air pollutant emissions and meets the following criteria: (1) manufactures flat

glass, glass containers or pressed and blown glass by melting a mixture of raw materials to

produce molten glass and form the molten glassinto sheets, containers or othershapes; and

(2) uses one or more continuous furnaces to produce glass at a rate of at least 50 tons per

year and that contains compounds of one or more “glass manufacturing metal HAP,” as

defined in 40 CFR 63.11459, as raw materials in a glass manufacturing batch formulation.

(Part 63, Subpart SSSSSS)

(tttttt)  Emissions standards for hazardous air pollutants for secondary nonferrous metals processing

area sources. This standard applies to any new or existing secondary nonferrous metals

processing facility that is an area source for hazardous air pollutant emissions. This standard

appliesto all crushing and screening operations at a secondary zinc processing facility and to

all furnace melting operationslocated at any secondary nonferrous metals processing facility.

(Part 63, Subpart TTTTTT)

(uuuuuu) Reserved.

(vvvvvv)  Emission standards for hazardous air pollutants for area sources:  chemical manufacturing.

Thisstandard appliesto chemical manufacturing at new and existing facilitiesthat are area sourcesfor

hazardous air pollutant emissions. (Part 63, Subpart VVVVVV)

(wwwwww) Emission standards for hazardous air pollutants for area sources: plating and polishing.

This standard applies to plating and polishing activities at new and existing facilities that

are area sources for hazardous air pollutant emissions. (Part 63, Subpart WWWWWW)

(xxxxxx)   Emission standards for hazardous air pollutants for area sources: metal fabrication

and finishing. This standard applies to new and existing facilities in which the primary

activity or activities at the facility are metal fabrication and finishing and that are area

sources for hazardous air pollutant emissions. (Part 63, Subpart XXXXXX)

(yyyyyy). Reserved.
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(zzzzzz) Emission standards for hazardous air pollutants for area sources: aluminum, copper, and

other nonferrous foundries. This standard applies to aluminum, copper, and other

nonferrous foundries at new and existing facilities that are area sources for hazardous air

pollutant emissions. (Part 63, Subpart ZZZZZZ)

(aaaaaaa) to (bbbbbbb). Reserved.

(ccccccc)   Emission standards for hazardous air pollutants for area sources: paint and allied

products manufacturing. This standard applies to paint and allied products manufacturing

at new and existing facilities that are area sources for hazardous air pollutant emissions.

(Part 63, Subpart CCCCCCC)

(ddddddd) Emission standards for hazardous air pollutants for area sources: prepared feeds

manufacturing. This standard applies to prepared feeds manufacturing that produces animal feed

products (not including feed for cats or dogs) and uses chromium or manganese compounds at new

and existing facilities that are area sources for hazardous air pollutant emissions. (Part 63, Subpart

DDDDDDD)

. 

5-21 Reserved. 

5-22 Reserved. 
ARTICLE IX. FUGITIVE DUST; SULFUR COMPOUNDS 

DIVISION 1. FUGITIVE DUST 

83 

5-23. Fugitive Dust ‐ Generally.  

For the purpose of minimizing atmospheric pollution, the health officer shall have the authority to

prohibit sources from allowing particulate emissions into the atmosphere without taking reasonable

precautions as listed and defined in Article IX, Division 1.  For guidance on the types of controls which

may constitute reasonable precautions, see "Identification of Techniques for the Control of Industrial

Fugitive Dust Emissions" as adopted by the Iowa Environmental Protection Commission on May 19, 1981.

Such reasonable precautions shall include, but shall not be limited to:

(1) Application of Dust Suppressant ‐ Use, where possible, of water or chemicalsfor control of dustin

the demolition of existing buildings orstructures, construction operations, the grading of roads,

or the clearing of land;

(2) Application of Chemical Suppressant ‐ Application of asphalt, water, or suitable chemicals on

paved roads, dirt roads, material stockpiles, or other surfaces which can give rise to airborne

dusts.  Chemicals available that may be applied include, but are not limited to:  calcium chloride,

magnesium chloride, vegetable oils, polymers, enzyme slurry, cementitious binders and

electrochemicalstabilizers.  The application of dust/chemicalsuppressant will not be required on

days where the daily high temperature at the facility is below 35 degrees F and the application of

the suppressant could create hazardous driving conditions.    Under these circumstances,

dust/chemical suppressant application shall be postponed and applied as soon after the

scheduled application date as the conditions preventing the application are abated.

(3) Installation and use of containment or control equipment, to enclose or otherwise limit the

emissionsresulting from the handling and transfer of dusty materials,such as but not limited to

grain, fertilizer or limestone.    Adequate containment methods shall be employed during

sandblasting or other similar operations;

(4) Covering, at alltimes when in motion, open bodied truckstransportingmaterialslikely to give rise

to airborne dusts;

(5) The paving of roadways and their maintenance in a clean condition;

(6) The prompt removal of earth or other material from paved streets onto which earth or other

material has been transported or deposited by trucking or earth moving equipment, by water

erosion, or by other means.

(7) Post speed limit of 25 miles per hour or less.  

(8)   Sweeping of all haul roads or equivalent method employing some combination of sweeping,

vacuuming, wheel washing if traveling between paved and unpaved roads.
ARTICLE IX. FUGITIVE DUST; SULFUR COMPOUNDS 

DIVISION 1. FUGITIVE DUST 

84 

5‐24. Fugitive Dust – Precautions to Minimize Air Pollution.  

(a) Itshall be unlawful for any person handling, loading, unloading, reloading,storing, transferring,

transporting, placing, depositing, throwing, discarding, or scattering any ashes, fly ash, cinders,

slag or dust collected from any combination process, any dust, dirt, chaff, wastepaper, trash,

rubbish, waste orrefuse matter of any kind, or any othersubstance or material whatever, which

is likely to be scattered by the wind, or is susceptible to being wind‐borne, to do so without

taking reasonable precautions or measures to prevent particulate matter from becoming

airborne so as to minimize atmospheric pollution.  

(b) It shall be unlawful for any person to operate or maintain any building structure, or premises,

open area,storage pile of materials, yard, vessel, or construction, alteration, building, demolition

or wrecking or salvage operation, or any other enterprise, which has or involves any matter,

material, or substance likely to be scattered by the wind or susceptible to being wind‐borne,

withouttaking reasonable precautions or measuresto prevent particulatematterfrombecoming

airborne so as to minimize atmospheric pollution.  

5‐25.  Fugitive Dust Airborne Material Prohibited.  

No person shall cause, allow, or permit any material in a manner described by sections 5‐23 and 5‐24; of

this chapter to become airborne in such quantities and concentrations that it remains visible in the

ambient air, or is deposited beyond the lot line of the property on which it originates.  

5‐26.  Fugitive Dust ‐Exceptions.  

Sections 5‐23 to 5‐25 of this chapter shall not apply to the following:

(1) Dust generated by ordinary travel on unpaved Public roads within attainment and

unclassified areas.   Ordinary travel includes routine traffic and road maintenance

activities such as scarifying, compacting, transporting road maintenance surfacing

material, and scraping of the unpaved public road surface.

(2) Agricultural operationsincluding tilling, planting, cultivating, or harvesting within a field,

the moving of livestock on foot, orthe hauling of produce within the confines of a farm;

or

(3) Driveways limited to residential use.  
ARTICLE IX. FUGITIVE DUST; SULFUR COMPOUNDS 

DIVISION 1. FUGITIVE DUST 

85 

5‐27.  Sulfur Dioxide and Sulfuric Acid Mist.  

The provisions of this section shall apply to any installation from which sulfur compounds are emitted

into the atmosphere except where a specific emission standard on sulfur compound emission has been

established in another section of this chapter.  

(1)  Sulfur dioxide from solid fuel use:   

(a) After January 1, 1975, no person shall cause, permit or allow the emission of sulfur dioxide

into the atmosphere in an amount greater than five pounds, replicated maximum three hour

average, per million Btu's of heat input from any solid fuel‐burning installation for any

combination of fuels burned with total heat input equal to or greater than 250 million Btu's per

hour.  

(b) No person shall cause, permit, or allow the emission ofsulfur dioxide into the atmosphere

in an amount greaterthan six pounds,replicated maximum three hour average, per million Btu's

of heat in‐ put from any solid fuel‐burning installation for any combination of fuels burned with

total heat input less than 250 million Btu's per hour.  

(2)  Sulfur dioxide from liquid fuels.

(a)  After January 1, 1975, no person shall cause, permit or allow the emission of sulfur dioxide

into the atmosphere in an amount greaterthan 2.5 pounds ofsulfur dioxide,replicatedmaximum

three hour average, per million Btu's of heat input from any liquid‐fuel burning installation

burning residual oil as defined in Article I.

(b)  No person shall cause, permit or allow the emission ofsulfur dioxide into the atmosphere in

an amount greater than 0.5 pounds of sulfur dioxide, replicated maximum three hour average,

per million Btu's of heat input from any liquid‐fuel burning installation burning distillate oil as

defined in Article I.

(3)  Sulfur dioxide from sulfuric acid manufacture.  After January 1, 1975, no person shall cause, permit

or allow the emission ofsulfur dioxide from an existing sulfuric acid manufacturing plantin excess

of 30 pounds of sulfur dioxide, maximum three hour average, per ton of product calculated as

100 percent sulfuric acid.  

(4)  Acid mist from sulfuric acid manufacture.  After January 1, 1974, no person shall cause, permit or

allow the emission of acid mist calculated as sulfuric acid from an existing sulfuric acid

manufacturing plant in excess of 0.5 pounds, maximum three hour average, per ton of product

calculated as 100 percent sulfuric acid.  

(5)  Other processes capable of emitting sulfur dioxide.  After January 1, 1978, no person shall cause,

permit or allow the emission of sulfur dioxide from any process, other than sulfuric acid

manufacture, in excess of 500 parts per million, based on volume.  This paragraph shall not

apply to devices which have been installed for air pollution abatement purposes where it is

demonstrated by the owner of the source that the ambient air quality standards are not

being exceeded.
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

86 

5‐28.  Construction Permit Required‐ Air Quality Division (AQD).  

Unless exempted in 5‐33 or meeting the parameters established in paragraph "c” of 5‐28, no person

shall construct, install, reconstruct or alter any equipment or control equipment as defined in this

Chapter, withoutfirst obtaining a construction permit. A permitshall be obtained priorto the initiation of

construction, installation or alteration of any portion of the stationary source.  

a.     Existing sources. Sources built prior to September 23, 1970, are not subject to 5‐33, unless they

have been modified, reconstructed, or altered on or after September 23, 1970.  

b.       New or reconstructed sources of hazardous air pollutants. No person shall construct or

reconstruct a major source of hazardous air pollutants, as defined in 40 CFR 63.2 and 40 CFR 63.41 as

amended through April 22, 2004, unless a construction permit has been obtained which requires

maximum achievable control technology for new sources. The permit shall be obtained prior to the

initiation of construction or reconstruction of the source.  

c.      New, reconstructed, or modified sources may initiate construction prior to issuance of the

construction permit if they meet the eligibility requirements stated in (1) below. The applicant must

assume any liability for construction conducted on a source before the permit is issued. In no case will

the applicant be allowed to connectthe equipmentto the exhauststack or operate the equipmentin any

way that may emit any air contaminant prior to receiving a construction permit.  

(1)     Eligibility.  

i.     The applicant hassubmitted a construction permit application to the Local Program, asspecified in

5‐29;  

ii.    The applicant has notified the Health Officer of the applicant's intentions in writing five working

days prior to initiating construction; and  

iii.   The source is notsubject to 40 CFR Subsection 52.21 as amended through March 12, 1996, Article

VI ‐ 5‐16(n), Article VI ‐ 5‐16(p), Article VIII ‐ 5‐20, or paragraph “b” of Article X ‐ 5‐28. Prevention of

significant deterioration (PSD) provisions and prohibitions remain applicable until a proposed project

legally obtains PSD synthetic minorstatus(i.e., obtains permitted limits which limitthe source below the

PSD thresholds).  

(2)     The applicant must cease construction if the Health Officer’s evaluation demonstrates that the

construction, reconstruction or modification of the source will interfere with the attainment or

maintenance ofthe national ambient air quality standards or willresultin a violation of a controlstrategy

required by 40 CFR Part 51, Subpart G, as amended through August 12, 1996.  

(3)     The applicant will be required tomake any modification to the source that may be imposed in the

issued construction permit.  

(4)     The applicant must notify the Health Officer of the date that construction or reconstruction

actually started. All notificationsshall be submitted to the Health Officerin writing no laterthan 30 days

after construction or reconstruction started. All notifications shall include the following information;

The date or dates required for which the notice is being submitted, facility name, facility address,

facility AIRS number, construction permit number, the name or number of the emission unit or units

covered in the notification,the emission point number or numbers covered in the notification,the name

and signature of the company official and the date the notification was signed.  
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

87 

5‐29.  Application for a Construction Permit (AQD).

Each application for a construction permitshall be submitted to the health officer on a formprovided by

the officer.  Such application shall be accompanied by detailed plans and specifications in duplicate

prepared by or under the direct supervision of an engineer in conformance with Iowa Code Chapter

542B.  Plans and specifications and information submitted shall include the following:

(1)    A description of the equipment or control equipment which is the subject of the application;

(2) A plot plan, including the distance and height of nearby buildings, and including the location and

elevation of any existing and proposed emission points;

(3) The composition of the effluent stream, both before and after any control equipment, with

estimates of emission rates, concentration, volume, and temperature;

(4) The physical and chemical characteristics of the air contaminants;

(5)       The proposed dates and description of any tests to be made by the owner or operator of the

completed installation to verify compliance with applicable emission limits or standards of

performance;

(6) The sampling holes, scaffolding, power sources for operation of appropriate sampling

instruments, and pertinent allied facilities for making tests to ascertain compliance with this

chapter; and

(7) Any additional pertinent information as might be deemed necessary by the health officer to

determine compliance with this chapter.  

5‐30.  Processing of Applications for Construction Permits (AQD).  

The health officer shall notify the applicant in writing of the completeness of the construction permit

application assoon as practicable but in no eventshallsuch notification be made laterthan 60 days after

application is made.  When this schedule would cause undue hardship to an applicant, a request for

priority consideration and the justification therefore shall be submitted to the health officer.  

A notice of intent to issue a construction permit for a synthetic minor modification at an existing

major source shall be published by the Health Officer in a newspaper having general circulation in the

area affected by the emissions of the proposed source.  The notice and supporting documentation

shall be made available for public inspection upon request from the Polk County Air Quality Division

office.  Publication of the notice shall be made at least thirty days prior to issuing a permit and shall

include the Health Officer’s evaluation of ambient air impacts.  The public may submit written

comments or request a public hearing.  If the response indicates significant interest, a public hearing
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

88 

may be held after due notice.

5‐31.  Issuance of Construction Permits (AQD).

In no case shall a construction permit, which resultsin an increase in emissions, be issued to any facility

which isin violation of any condition found in a permit involving PSD,NSPS,NESHAP or a provision ofthe

Iowa State Implementation Plan.  Ifthe violation has been addressed by an order or permit condition,the

health officer may consider issuance of a construction permit.  A construction permit shall be issued

when the health officer concludes:

a. That the required plans and specificationsrepresent equipment which reasonably can be

expected to comply with all applicable emission standards; and

b. That the expected emissions from the proposed source or modification in conjunction

with all other emissions will not prevent the attainment or maintenance ofthe ambient

air quality standards, and

c. That the applicant has not relied on emission limits based on stack height that exceeds

good engineering practice or any other dispersion techniques as defined in Iowa

Administrative Code subrule 567‐23.1(6)(b).    For the purpose of this section, Iowa

Administrative Code subrule 567‐23.1(6), Calculation of emission limitations based upon

stack height, is adopted by reference and is incorporated herein as fully as though set

forth in its entirety.

d. That the applicant has met all other applicable requirements. Said permit shall be in

writing and shall be sent by mail to the applicant.  A permit may be issued subject to

reasonable conditions and safeguards which shall be specified in writing by the health

officer.  The Health Officer may limit a source's potential to emit, as defined at V‐I, 5‐2,

in the source's construction permitforthe purpose of establishing federally enforceable

limits on the source's potentialto emit. In addition,the construction permitshall contain

the following information and qualifications:

(1) Each permit shall specify the date upon which it will become void if work on the installation for

which it was issued has not been initiated;

(2) Each permit shall not be transferable from one piece of equipment to another;

(3) If changes are proposed in the plans and specifications after a construction permit has been

issued, a supplemental permit incorporating such changes shall be obtained;

(4) Each permitshallrequire the health officerto be notified atleastten (10) days before the subject

equipment is placed into operation;

(5) The owner shall submit written notification to the health officer at least thirty (30) day prior to

transferring equipment to a new location.  The notification shall include a revised plot plan, description

of changesmade in emission limits orstack parameters. Following a review ofthe notification,the health

officer will make a determination of the requirement for a supplemental permit.

5‐32.  Denial of Construction Permit (AQD).  
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

89 

In the event an application for a construction permit is denied, the applicant shall be so notified in

writing stating the reasonstherefor.  Such a denialshall be without prejudice to the right ofthe applicant

to file further application after revisions have been made to meet the objections of the health officer.  

5‐33.  Exemptions from Construction Permit Requirements (AQD).  

A permitshall not be required forthe following equipment unlesssaid permitis necessary to comply with

the requirements of the state's Prevention of Significant Deterioration (PSD) of air quality regulations

(IAC 567‐22.4(455B), Article VI, 5‐16(n) New Source Performance Standards(40 CFR Part 60 NSPS) (567

IAC 23.1(2)), Article VI, 5‐16(p) Emission Standardsfor Hazardous Air Pollutants(40 CFR Part 61NESHAP)

(567 IAC 23.1(3)), Article VIII, 5‐20 National Emission Standards for Hazardous Air Pollutants for Source

Categories (40 CFR Part 63 NESHAP) (567 IAC 23.1(4)), or the state's Special Requirements for

Nonattainment Areas (IAC 567‐22.5(455B).

The permitting exemptions in this section do not relieve the owner or operator of any source from any

obligation to comply with any other applicable requirements.

(1) Fuel‐burning equipmentforindirect heating and reheating furnaces or cooling units using natural

or liquefied petroleum gas exclusively, with a capacity of lessthan 10 million Btu per hour input;

(2) Fuel‐burning equipment for indirect heating or cooling with a capacity lessthan one million Btu

per hour input when burning No. 1 or No. 2 fuel oil exclusively;

(3) Residential heaters, cook stoves, or fireplaces, which burn untreated wood, untreated seeds or

pellets, or other untreated vegetative materials;

(4) Mobile internal combustion engines and jet engines, marine engines, and locomotives;

(5) Equipment used for cultivating land, harvesting crops, or raising livestock other than

anaerobic lagoons. This exemption is not applicable if the equipment is used to remove

substances from grain which were applied to the grain by another person. This exemption is

also not applicable to equipment used by a person to manufacture commercial feed.

(6) Incinerators and paint hook burn‐off ovens with a manufacturer’s design capacity less than 25

pounds per hour. Pyrolysis cleaning furnace exemption is limited to those units that use only

electric, natural gas or propane.  Salt bath units are not included in this exemption.Combustible

material shall not contain lead.

(7) The equipment in laboratories used exclusively for non‐production chemical and physical

analyses.  Non‐production analyses means analyses incidental to the production of a good or

service and includes analyses conducted for quality assurance or quality control activities, orfor

the assessment of environmental impact;

  

(8) Cooling and ventilating equipment: Comfort air conditioning not designed or used to remove air
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

90 

contaminants generated by, or released from, specific units of equipment;

(9) Asbestos demolition and renovation projectssubject to 40 CFR 61.145 as amended through July

15, 1994 as amended in 567 IAC 22.1(2)”k”;

(10) Stacks or ventsto prevent escape ofsewer gasesthrough plumbing traps.  Systems which include

any industrial waste are not exempt;

(11) Storage tanks with a capacity of less than 19,812 gallons and an annual throughput of less than

200,000 gallons;

(12) Fugitive dust controls unless a control efficiency can be assigned to the equipment or control

equipment;

(13) Equipment or control equipment which emits odors unlesssuch equipment or control equipment

also emits particulate matter, or any other regulated air contaminant;

(14) Brazing,soldering or welding equipment or portable cutting torches used only for non‐production

activities;

(15)     A non‐production surface coating process that uses only hand‐held aerosol spray cans;

(16)    Portable equipment previously permitted by the Iowa Department of Natural Resources upon

submission of a permit copy submitted by the applicant;

(17)     Retail gasoline and diesel fuel handling facilities with throughput below 10,000 gallons per month

(Thirty‐Day Rolling AverageUsage Records).  The facility must be able to demonstrate, within 24

hours upon requestto this Local Programthattheirthroughputis below themonthly (Thirty‐Day

Rolling Average Usage Records) 10,000 gallon limit.    A permit will not be required if the

alterations to the equipment will not change the emissions from that equipment.  However, a

review of the project plans by the APCD may be required to substantiate the permit exemption.

(18)   An internal combustion engine burning exclusively natural gas or propane with a brake

horsepower rating of less than 100 measured at the shaft.  For the purpose of this

exemption, the manufacturer’s nameplate rating at full load shall be defined as the brake

horsepower output at the shaft. Use of this exemption does not relieve an owner or

operator from any obligation to comply with New Source Performance Standards (NSPS) or

National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements.

(19)      Manually operated equipment, as defined in Article I, 5‐2, used for buffing, polishing, carving,

cutting, drilling, routing, sanding, sawing, scarfing, surface grinding, or turning.

(20)      Equipment for carving, cutting, routing, turning, drilling, machining,  
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

91 

             sawing, surface grinding, sanding, planning, buffing, sandblast cleaning,

   shot blasting, shot peening, or polishing ceramic artwork, leather, metals  

   (other than beryllium), plastics, concrete, rubber, paper stock, and wood or

wood products, where such equipment is used for non‐production activities

and exhausted inside a building.

(21)   Cafeterias, kitchens, and other facilities used for preparing food or beverages

          primarily for consumption at the source;

(22)    Consumer use of office equipment and products, not including   printers or businesses

primarily involved in photographic reproduction;

(23)    Janitorial services and consumer use of janitorial products;

(24)    Internal combustion engines used for lawn care, landscaping, and grounds

keeping purposes;

(25)   Consumer use laundry activities, not including commercial laundry services,

dry‐cleaning, and steam boilers;

(26)    Blacksmith forges;

(27)    Plant maintenance and upkeep activities and repair or maintenance activities

(e.g., grounds keeping, general repairs, cleaning, painting, welding, plumbing,

roof repair, installing insulation, and paving parking lots), provided that these activities are

not conducted as part of a manufacturing process, are not related

to the facility’s primary business activity, and do not otherwise trigger a permit modification.  

Cleaning and painting activities qualify if they are not subject to control requirements for

volatile organic compounds or hazardous air pollutants

as defined in this Chapter;

(28)     Air compressors and vacuum pumps, including hand tools;

(29)    Batteries and battery charging stations, except at battery manufacturing or remanufacturing

facilities;

(30)    Equipment used to store, mix, pump, handle or package soaps, detergents, surfactants,

waxes, glycerin, vegetable oils, greases, animal fats, sweetener, corn syrup, and aqueous salt

or caustic solutions, provided that appropriate lids and covers are utilized and that no organic

solvent has been mixed with such materials;

(31)   Equipment used exclusively to slaughter animals, but not including other equipment at

slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

92 

electrical power generating equipment;

(32)   Vents from continuous emissions monitors and other analyzers;

(33)    Natural gas pressure regulator vents, excluding at oil and gas production facilities;

(34)   Equipment used by surface coating operations that apply the coating by brush, roller, or

dipping, except equipment that emits volatile organic compounds or hazardous air pollutants

as defined in this Chapter;

(35)     Hydraulic and hydrostatic testing equipment;

(36)     Environmental chambers not using gases which are hazardous air pollutants as defined in this

Chapter;

(37)     Shock chambers, humidity chambers, and solar simulators;

(38)     Process water filtration systems and demineralizers, demineralized water tanks,

and demineralizer vents;

(39)     Boiler water treatment operations, not including cooling towers or lime silos;

(40)     Oxygen scavenging (deaeration) of water;

(41)     Fire suppression systems;

(42)     Emergency road flares;

(43)     Steam sterilizers, steam vents, safety relief valves, and steam leaks;

(44)     Application of hot melt adhesives from closed‐pot systems using polyolefin compounds,

polyamides, acrylics, ethylene vinyl acetate and urethane material

when stored and applied at the manufacturer’s recommended temperatures.  Equipment

used to apply hot melt adhesives shall have a safety device that automatically shuts down the

equipment if the hot melt temperature exceeds the manufacturer’s recommended

application temperature;

(45)     Closed refrigeration systems, including storage tanks used in refrigeration

systems, but excluding any combustion equipment associated with such systems;

(46)     Pretreatment application processes that use aqueous‐based chemistries designed

to prepare a substrate for an organic coating, provided that the chemical concentrate

contains no more than 5 percent organic solvents by weight.  This exemption includes
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

93 

pretreatment processes that use aqueous‐based cleaners, cleaner‐phosphatizers, and

phosphate conversion coating chemistries;

(47)     Indoor vented powder coating operations with filters or powder recovery systems;

(48)     Electric curing ovens or curing ovens that run on natural gas or propane with a

maximum heat input of less than 10 million Btu per hour and that are used for powder

coating operations, provided that the total cured powder usage is less than 75 tons of powder

per year at the facility.  Records shall be maintained on site by the owner or operator for a

period of at least two calendar years to demonstrate that cured powder usage is less than the

exemption threshold;

(49)     Any production surface coating activity that uses only nonrefillable hand‐held aerosol cans,

where the total volatile organic compound emissions from all these activities at the facility do

not exceed 5.0 tons per year;

(50)     Production welding.

(A)  Welding using a consumable electrode, provided that the consumable electrode used falls

within American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding

(GMAW), A5.1 or A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc

Welding (FCAW), and provided that the quantity of all electrodes used at the facility of the

acceptable specifications is below 200,000 pounds per year for GMAW and 28,000 pounds

per year for SMAW or FCAW.  Records that identify the type and annual amount of welding

electrode used shall be maintained on site by the owner or operator for a period of at least

two calendar years.

For facilities where electrode usage exceeds these levels, the welding activity at the facility

may be exempted if the amount of electrode used (Y) is less than:

         Y = the greater of 1380x – 19,200 or 200,000 for GMAW, or

         Y = the greater of 187x – 2,600 or 28,000 for SMAW of FCAW

Where x is the minimum distance to the property line in feet, and Y is the annual electrode

usage in pounds per year.

If the facility has welding processes that fit into both of the specified exemptions, the most

stringent limits must be applied.

(B)  Resistance welding, submerged arc welding, or arc welding that does not use a

consumable electrode, provided that the base metals do not include stainless steel, alloys of

lead, alloys of arsenic, or alloys of beryllium and provided that the base metals are uncoated,

excluding manufacturing process lubricants;

(51)     Electric hand soldering, wave soldering, and electric solder paste reflow ovensshall be limited

to 37,000 pounds or less per year of lead‐containing solder. Records shall be maintained on

site by the owner or operator for at least two calendar years to demonstrate that use of

lead‐containing solder is less than the exemption thresholds.
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

94 

(52)     Pressurized piping and storage systems for natural gas, propane, liquefied petroleum gas

(LPG), and refrigerants, where emissions could only result from an upset condition;

(53)     Emissions from the storage and mixing of paints and solvents associated with the painting

operations, provided that the emissions from the storage and mixing are accounted for in an

enforceable permit condition or are otherwise exempt;

(54)    Product labeling using laser and ink‐jet printers with target distances less than or equal to six

inches and an annual material throughput of less than 1,000 gallons per year as calculated on

a facility wide basis.

(55)   Cold solvent cleaning machines that are not in–line cleaning machines, where the maximum

vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1 psi) at 20o

C (68oF).  

The machine must be equipped with a tightly fitted cover or lid that shall be closed at all times

except during parts entry and removal.  This exemption cannot be used for cold solvent cleaning

machines that use solvent containing methylene chloride (CAS # 75–09–2), perchloroethylene

(CAS # 127–18–4), trichloroethylene (CAS # 79–01–6), 1,1,1–trichloroethane (CAS # 71–55–6),

carbon tetrachloride (CAS # 56–23–5) or chloroform (CAS # 67–66–3), or any combination of

these halogenated HAP solvents in a total concentration greater than 5 percent by weight.

(56) Emissions from mobile over‐the‐road trucks, and mobile agricultural and construction internal

combustion engines that are operated only for repair or maintenance purposes at equipment

repairshops or equipment dealerships, and only when the repairshops or equipment dealerships

are not major sources as defined in this Chapter.

(57) Bathroom vent emissions, including toilet vent emissions.

(58) Equipment that is not related to the production of goods or services and used exclusively for

academic purposes, located at educational institutions (as defined in Iowa Code section

455B.161). The equipment covered under this exemption is limited to: lab hoods, art class

equipment, wood shop equipment in classrooms, wood fired pottery kilns, and fuel‐burning units

with a capacity of lessthan one million Btu per hourfuel capacity. This exemption does not apply

to incinerators.

(59)   Any container, storage tank, or vessel that contains a fluid having a maximum true vapor

pressure of less than 0.75 psia. “Maximum true vapor pressure” means the equilibrium partial

pressure ofthe material considering: For materialstored at ambient temperature, the maximum

monthly average temperature as reported by the National Weather Service, or for material

stored above or below the ambient temperature, the temperature equal to the highest

calendar‐month average of the material storage temperature.

(60) Fugitive dust emissions related to movement of passenger vehicles on unpaved road surfaces,
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

95 

provided thatthe emissions are not counted for applicability purposes and that any fugitive dust

control plan or its equivalent is submitted as required by the Health Officer.
ARTICLE X. PERMITS 

DIVISION 1. CONSTRUCTION PERMITS 

96 

5‐34.  Construction Permit Filing and Review Fees (AQD).  

(a) All fees prescribed for construction permit filing review shall be made payable to the County

Treasurer or Air Quality Division of Polk County, Iowa and shall accompany each application for

permit.  Allsumsso received shall become part of the Air Quality Enterprise fund.  A receiptshall

be issued to the person making such payment,stating the amount and purpose for which the fee

has been paid.  A duplicate of the receipt shall be made part of the records of the Air Pollution

Control Division (APCD).  

(b)       Filing fee schedule.  Filing fees shall be established by resolution of the Polk County Board of

Supervisors.

(c) Review Fee.    Construction permit application review fees shall be established by

resolution of the Polk County Board of Supervisors.

(d) When impact on ambient air quality must be analyzed,the computer model approved by

the United States Environmental Protection Agency's Region VII office shall be used.  

(e) Investigation Fees:  Work without a Permit.

1. Investigation Fees.  Whenever any work for which a permit isrequired by this chapter

has been commenced without obtaining said permit, a special investigation shall be

made before a permit may be issued forsuch work.  An investigation fee, in addition to

the permit fee, shall be collected whether or not a permit is then or subsequently

issued.  The investigation fee shall be equal to the amount of the permit fee required

by these rules.
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5‐35.   Annual Operating Permit Required (AQD).

(a)       Unless operating in compliance with a properly issued Title V Operating Permit, no person shall

operate any equipment whether existing equipment or new equipment as defined in this

chapter, without firstsecuring an operating permit from the health officer.  Such permitshall be

in addition to any permits which may be required by the county department of building or any

other permits required by this chapter.  

(b) Eligibility for conditional operating permits.  Any person who owns or operates a major source

otherwise required to obtain a Title V operating permit may instead obtain a conditional

operating permit following successful demonstration of the following:

(1) That the potentialto emit of each  pollutantsubjectto regulation shall be limited

to less than 100 tons per 12‐month rolling period;

(2) That the actual emissions of each pollutant subject to regulation, including fugitive

emissions, has been and is predicted to be less than 100 tons per 12‐month rolling period; and

(3) That the potential to emit of each regulated hazardous air pollutantshall be lessthan 10

tons per 12‐month rolling period and the potential to emit of all regulated hazardous air

pollutants shall be less than 25 tons per 12‐month rolling period.

(4) That the actual emissions of each regulated hazardous air pollutant, including fugitives,

has been and is predicted to be less than 10 tons per 12‐month rolling period and the actual

emissions of all regulated hazardous air pollutants has been and is predicted to be less than 25

tons per 12‐month rolling period.   

   

(5) As of July 1, 2011, the GHG emissions at a stationary source emitting or having the

potential to emit less than 100,000 tpy CO2 equivalent emissions (CO2e).  The term, “tpy CO2

equivalent emissions (CO2e),” shall represent an amount of GHGs emitted, and shall be

computed by multiplying the mass amount of emissions (tpy), for each of the six greenhouse

gases in the pollutant GHGs, by the gas’s associated global warming potential published at 40

CFR Part 98, Subpart A, Table A‐1, “Global Warming Potentials,” (as amended on October 30,

2009), and summing the resultant value for each to compute a tpy CO2e. For purposes of this

section, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not

include carbon dioxide emissions resulting from the combustion or decomposition of non‐

fossilized and biodegradable organic material originating from plants, animals, or micro‐

organisms (including products, by‐products, residues and waste from agriculture, forestry and

related industries as well as the non‐fossilized and biodegradable organic fractions of

industrial and municipal wastes, including gases and liquids recovered from the

decomposition of non‐fossilized and biodegradable organic material).  

    

(c) No source may operate after the time that it is required to submit a timely and complete
ARTICLE X. PERMITS 

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application for an operating permit, exceptin compliance with a properly issued Title V operating

permit or a properly issued conditional operating permit.  However, if a source submits a timely

and complete application for a conditional operating permit (or for renewal of a conditional

operating permit), then the source'sfailure to have a permitis not a violation ofthis chapter until

the Health Officer takes final action on the permit application, except as noted in this Article.

This protection shall cease to apply if, subsequent to the completeness determination, the

applicant failsto submit, by the deadline specified in writing by the health officer, any additional

information identified as needed to process the application.

(d) When portable equipmentfor which an operating permit has been issued istransferred fromone

location to another, the health officer shall be notified in writing at least 14 days prior to the

transfer ofthe portable equipmentto the new location.  The owner or operator will be notified at

least ten days prior to the scheduled relocation if said relocation will cause disapproval of the

existing permit.  

5‐35.1 Annual Operating Permit Fees (AQD).  

(a) Payment of Fees: All fees prescribed forthe issuance of operating permitsshall be made payable

to the County Treasurer or AirQuality Division and shall accompany each application for a permit.

All sums so received shall become part of the Air Quality Enterprise fund.

(b) Permit Fee Schedule: Fees for operating permits shall be established by resolution of the Polk

County Board of Supervisors.

(c) Each source in compliance with a current operating permitshall be exemptfromTitle V operating

permit fees.
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5‐36.  Application for Annual Operating Permit (AQD).  

Any person seeking to obtain an operating permit for the operation of any equipment shall submit an

application for the permit to the health officer on a form provided by the health officer.  

(1)  Duty to apply.  Any source which would qualify for a conditional operating permit must apply

for either a conditional operating permit or a Title V operating permit.  Any source determined

not to be eligible for a conditional operating permit shall be subject to enforcement action for

operation without a Title V operating permit.    For each source applying for a conditional

operating permit, the owner or operator or designated representative, where applicable, shall

present or mail to the Polk County Air Pollution Control Division, a timely and complete permit

application in accordance with this article.

(a) Timely application.  Each owner or operator applying for a conditional operating permit

shall submit an application:

(1) By November 15, 1994, if the owner or operator is applying for a conditional

operating permit for the first time;

(2) At least 30 days but not more than 90 days prior to the date of expiration if the

application is for renewal;

(3) Within 30 days of becoming subject to this rule for a new source or a source

which would otherwise become subject to the Title V permit requirement after

the effective date.

(b) Complete application.    To be deemed complete, an application must provide all

information required.

(c) Duty to supplement or correct application.   Any applicant who fails to submit any

relevant facts or who hassubmitted incorrect information in a permit application shall,

upon becoming aware of such failure or incorrect submittal, promptly submit such

supplementary facts or corrected information.  In addition, an applicant shall provide

additional information as necessary to address any requirements that become

applicable to the source after the date it filed a complete application but prior to the

issuance of a permit.  Applicants who have filed a complete application shall have 30

days following notification by the health officer to file any amendments to the

application.

(d) Certification of truth, accuracy, and completeness.  Any application form, report, or

compliance certification submitted pursuant to these rulesshall contain certification by

a responsible official of truth, accuracy and completeness.  This certification and any
ARTICLE X. PERMITS 

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other certification required under these Articles shall state that, based on information

and belief formed after reasonable inquiry, the statements and information in the

document are true, accurate and complete.

5‐37.  Processing of an Application for Annual Operating Permits (AQD).  

(a) The processing by the health officer of an application for an operating permit shall be

accomplished as expeditiously as possible and if any error is made by the applicant in

filling out the application form he shall be given the opportunity to amend or correct his

application without prejudicing his right to obtain an operating permit.  

(b) To apply for a conditional operating permit, applicants shall complete the               

"Conditional Operating Permit Application Form" and supply all information required.  

The information submitted must be sufficient to evaluate the source, its application,

predicted actual emissionsfrom the source, and the potentialto emit ofthe source; and

to determine all applicable requirements.  The applicant shall submit the information

called for by the application form for all emissions units, including those having

insignificant activities according to the provisions of 567‐22.103 (455B) Iowa

Administrative Code.

(c) Unless the health officer requests additional information or otherwise notifies the

applicant of incompleteness within 60 days of receipt of an application, the application

shall be deemed complete.  If, while processing an application that has been determined

to be complete,the health officer determinesthat additional information is necessary to

evaluate ortake final action on that application,the health officer may requestin writing

such information and set a reasonable deadline for a response.

(d) Public Notice and Public Participation.

(1)The health officer may provide public notice and an opportunity for public comment,

including an opportunity for a hearing, before issuing or renewing a permit.

(2)Notice of the intended issuance or renewal of a permit shall be given by publication in a

newspaper of general circulation in the area where the source is located or in a

state publication designed to give general public notice.  The Local Programmay use

other means if necessary to ensure adequate notice to the affected public.

(3)The public notice shall include:  identification of the source; name and address of the

permittee; the activity or activitiesinvolved in the permit action; the air pollutants

or contaminantsto be emitted; a statementthat a public hearingmay be requested,

or the time and place of any public hearing which has been set; the name, address,

and telephone number of a Local Programrepresentative whomay be contacted for

further information; and the location of copies of the permit application and the
ARTICLE X. PERMITS 

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proposed permit which are available for public inspection.

(4)At least 30 days shall be provided for public comments.

5‐38.  Performance Test – Annual Operating Permit (AQD).  

(a) Within 60 days after an application ismade for an operating permit,the applicantshall at hissole

expense provide a performance test of the equipment which test shall be used by the health

officerto determine whether or not the equipment complies with the provisions of this chapter.  

The performance test shall be conducted as specified in article VII of this chapter.    If the

performance testrevealsthatthe equipment does not meetthe requirements ofthis chapter, an

operating permit shall not be issued.  

(b) Upon application for a renewal of an operating permit the applicant shall not be required to

provide another performance test unless the health officer has reason to believe that the

equipment no longer complies with the provisions of this chapter.  

(c) Fuel‐burning equipment for indirect heating and reheating furnaces using No.  1 or No.  2 grade

fuel oil exclusively with a capacity less than 50 million Btu per hour input but greater than one

million Btu per hour in‐ put shall be exempt from providing a performance test, but shall not be

exempt from sections 5‐35, 5‐36, and 5‐37 of this chapter.  

5‐39. Exemptions from Annual Operating Permit Requirement.  

The permitting exemptions in this section do not relieve the owner or operator of any source from any

obligation to comply with any other applicable requirements.

(a)  A permit shall not be required for the following equipment:

(1)       Incinerators and pyrolysis cleaning furnaces with a manufacturer’s design capacity less

than 25 pounds per hour.  Incinerators installed within a single‐family dwelling shall

comply with section 5‐16.  Pyrolysis cleaning furnace exemption islimited to those units

that use only natural gas or propane.  Salt bath units are not included in this exemption.

(2)         The equipment in laboratories used exclusively for non‐production chemical and physical

analyses.  Non‐production analyses means analyses incidental to the production of a

good orservice and includes analyses conducted for quality assurance or quality control

activities, or for the assessment of environmental impact.

(3)          Cooling and ventilating equipment: Comfort air conditioning not designed or used to

remove air contaminants generated by, or released from specific units of equipment.

(4) Asbestos demolition and renovation projects subject to 40 CFR 61.145 as amended

through July 15, 1994 as amended in 567 IAC 22.1(2)”k”.

(5)      Stack or vents to prevent escape of sewer gases through plumbing traps.  Systems which

include any industrial waste are not exempt.
ARTICLE X. PERMITS 

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(6) Gasoline storage tanks with a capacity of 5,000 gallons or less and an annual through‐

put less than 20,000 gallons, and coolant, diesel fuel, detergents, fuel oil, LPG,

lubricating oils, and other nonhazardous air pollutant emitting storage tanks with a

capacity of lessthan 19,812 gallons and an annualthroughputlessthan 200,000 gallons.  

(7)       Fugitive dust controls unless a control efficiency can be assigned to the equipment or

control equipment.

(8) Equipment or control equipment which emits odors unless such equipment or control

equipment also emits particulate matter, or any other regulated air contaminant.

(9)         Brazing, soldering or welding equipment or portable cutting torches used only for non‐

production activities;

(10) A non‐production surface coating processthat uses only hand‐held aerosolspray cans;

(11)        Retail gasoline and diesel fuel handling facilities with throughput below 10,000 gallons

per month (Thirty‐Day Rolling Average Usage Records).  The facility must be able to

demonstrate, within 24 hours upon request to this Local Program that theirthroughput

is below the monthly (Thirty‐Day Rolling Average Usage Records) 10,000 gallon limit.  A

permit will not be required if the alterations to the equipment will not change the

emissions from that equipment.  However, a review of the project plans by the APCD

may be required to substantiate the permit exemption.

(12)    Manually operated equipment, as defined in Article I, 5‐2, used for buffing, polishing,

carving, cutting, drilling,routing,sanding,sawing,scarfing,surface grinding, orturning;

(13)       Equipment for carving, cutting, routing, turning, drilling, machining,  

                sawing, surface grinding, sanding, planning, buffing, sandblast cleaning,

       shot blasting, shot peening, or polishing ceramic artwork, leather, metals  

       (other than beryllium), plastics, concrete, rubber, paper stock, and wood or

     wood products, where such equipment is used for non‐production activities

     and exhausted inside a building;

(14)      Cafeterias, kitchens, and other facilities used for preparing food or  

                beverages primarily for consumption at the source;

(15)      Consumer use of office equipment and products, not including printers

  or businesses primarily involved in photographic reproduction;

(16)       Janitorial services and consumer use of janitorial products;

(17)    Internal combustion engines used for lawn care, landscaping, and

              grounds keeping purposes;

(18)    Consumer use laundry activities, not including commercial laundry  

                services, dry‐cleaning, and steam boilers;

(19)        Blacksmith forges;

(20)      Plant maintenance and upkeep activities and repair or maintenance

                activities (e.g., grounds keeping, general repairs, cleaning, painting,
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103 

               welding, plumbing, roof repair, installing insulation, and paving parking

                lots), provided that these activities are not conducted as part of a

                manufacturing process, are not related to the facility’s primary business

       activity, and do not otherwise trigger a permit modification.  Cleaning and

         painting activities qualify if they are not subject to control requirements

  for volatile organic compounds or hazardous air pollutants as defined in

  this Chapter;

(21)     Air compressors and vacuum pumps, including hand tools;

(22)       Batteries and battery charging stations, except at battery manufacturing or   

remanufacturing facilities;

(23)       Equipment used to store, mix, pump, handle or package soaps, detergents,   

surfactants, waxes, glycerin, vegetable oils, greases, animal fats, sweetener,  corn

syrup, and aqueous salt or caustic solutions, provided that appropriate lids and

covers are utilized and that no organic solvent has been mixed with such materials;

(24)      Equipment used exclusively to slaughter animals, but not including other   

equipment at slaughterhouses, such as rendering cookers, boilers, heating

plants, incinerators, and electrical power generating equipment;

(25)     Vents from continuous emissions monitors and other analyzers;

(26)     Natural gas pressure regulator vents, excluding at oil and gas production   

   facilities;

(27)     Equipment used by surface coating operations that apply the coating by brush, roller,

or dipping, except equipment that emits volatile organic  

     compounds or hazardous air pollutants as defined in this Chapter;

(28)     Hydraulic and hydrostatic testing equipment;

(29)     Environmental chambers not using gases which are hazardous air

     pollutants as defined in this Chapter;

(30)     Shock chambers, humidity chambers, and solar simulators;

(31)     Process water filtration systems and demineralizers, demineralized water   

tanks, and demineralizer vents;

(32)     Boiler water treatment operations, not including cooling towers or lime silos;
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(33)     Oxygen scavenging (deaeration) of water;

(34)     Fire suppression systems;

(35)     Emergency road flares;

(36)     Steam sterilizers, steam vents, safety relief valves, and steam leaks;

(37)     Application of hot melt adhesives from closed‐pot systems using polyolefin  

compounds, polyamides, acrylics, ethylene vinyl acetate and urethane material when

stored and applied at the manufacturer’s recommended temperatures.  Equipment

used to apply hot melt adhesives shall have a

safety device that automatically shuts down the equipment if the hot melt

temperature exceeds the manufacturer’s recommended application    

temperature;

(38)    Closed refrigeration systems, including storage tanks used in refrigeration  

systems, but excluding any combustion equipment associated with such systems;

(39)    Pretreatment application processes that use aqueous‐based chemistries   

          designed to prepare a substrate for an organic coating, provided that the  

          chemical concentrate contains no more than 5 percent organic solvents by  

          weight.  This exemption includes pretreatment processes that use aqueous‐ 

          based cleaners, cleaner‐phosphatizers, and phosphate conversion coating  

          chemistries;

(40)   Indoor vented powder coating operations with filters or powder

            recovery systems;

(41)     Electric curing ovens or curing ovens that run on natural gas or propane with a

maximum heat input of less than 10 million Btu per hour and that are used for powder

coating operations, provided that the total cured powder usage is less than 75 tons of

powder per year at the facility.  Records shall be maintained on site by the owner or

operator for a period of at least two calendar years to demonstrate that cured powder

usage is less than the exemption threshold;

(42) Any production surface coating activity that uses only nonrefillable hand‐held aerosol

cans, where the total volatile organic compound emissions from all these activities at

the facility do not exceed 5.0 tons per year;

(43)     Production welding.

(A)  Welding using a consumable electrode, provided that the consumable electrode used falls within

American Welding Society specification A5.18/A5.18M for Gas Metal Arc Welding (GMAW), A5.1 or
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A5.5 for Shielded Metal Arc Welding (SMAW), and A5.20 for Flux Core Arc Welding (FCAW), and

provided that the quantity of all electrodes used at the facility of the acceptable specifications is

below 200,000 pounds per year for GMAW and 28,000 pounds per year for SMAW or FCAW.  Records

that identify the type and annual amount of welding electrode used shall be maintained on site by

the owner or operator for a period of at least two calendar years.

For facilities where electrode usage exceeds these levels, the welding activity at the facility may be

exempted if the amount of electrode used (Y) is less than:

         Y = the greater of 1380x – 19,200 or 200,000 for GMAW, or

         Y = the greater of 187x – 2,600 or 28,000 for SMAW of FCAW

    Where x is the minimum distance to the property line in feet, and Y is   the annual

electrode usage in pounds per year.

If the facility has welding processes that fit into both of the specified exemptions, the most stringent

limits must be applied.   

(B)  Resistance welding, submerged arc welding, or arc welding that does not use a consumable

electrode, provided that the base metals do not include stainless steel, alloys of lead, alloys of

arsenic, or alloys of beryllium and provided that the base metals are uncoated, excluding

manufacturing process lubricants;

(44)     Electric hand soldering, wave soldering, and electric solder paste reflow ovens shall be limited

to 37,000 pounds or less per year of lead‐containing solder. Records shall be maintained on

site by the owner or operator for at least two calendar years to demonstrate that use of

lead‐containing solder is less than the exemption thresholds.

(45)     Pressurized piping and storage systems for natural gas, propane, liquefied petroleum

gas (LPG), and refrigerants, where emissions could only result from an upset

condition;

(46)    Emissions from the storage and mixing of paints and solvents associated with the

painting operations, provided that the emissions from the storage and mixing are

accounted for in an enforceable permit condition or are otherwise exempt;

(47)     Product labeling using laser and ink‐jet printers with target distances less than or

equal to six inches and an annual material throughput of less than 1,000 gallons per

year as calculated on a facility wide basis.

(48)   Cold solvent cleaning machines that are not in–line cleaning machines, where the

maximum vapor pressure of the solvents used shall not exceed 0.7 kPa (5 mmHg or 0.1

psi) at 20o

C (68oF).  The machine must be equipped with a tightly fitted cover or lid that

shall be closed at alltimes except during parts entry and removal.  This exemption cannot

be used for cold solvent cleaning machines that use solvent containing methylene

chloride (CAS # 75–09–2), perchloroethylene (CAS # 127–18–4),trichloroethylene (CAS #
ARTICLE X. PERMITS 

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79–01–6), 1,1,1–trichloroethane (CAS # 71–55–6), carbon tetrachloride (CAS # 56–23–5)

or chloroform (CAS # 67–66–3), or any combination ofthese halogenated HAP solventsin

a total concentration greater than 5 percent by weight.

(49) Emissions from mobile over‐the‐road trucks, and mobile agricultural and construction

internal combustion enginesthat are operated only for repair or maintenance purposes

at equipment repairshops or equipment dealerships, and only when the repairshops or

equipment dealerships are not major sources as defined in this Chapter.

(50) Bathroom vent emissions, including toilet vent emissions

(51) Equipment used for cultivating land, harvesting crops, or raising livestock other than

anaerobic lagoons. This exemption is not applicable if the equipment is used to remove

substancesfrom grain which were applied to the grain by another person. This exemption

is also not applicable to equipment used by a person to manufacture commercial feed.

(52)_ An internal combustion engine burning exclusively natural gas or propane with a brake

horsepower rating of less than 100 measured at the shaft.    For the purpose of this

exemption, the manufacturer’s nameplate rating atfull load shall be defined asthe brake

horsepower output at the shaft. Use of this exemption does not relieve an owner or

operatorfrom any obligation to comply with New Source Performance Standards(NSPS)

or National Emission Standards for Hazardous Air Pollutants (NESHAP) requirements.

(53) Equipment that is not related to the production of goods or services and used

exclusively for academic purposes, located at educational institutions(as defined in Iowa

Code section 455B.161). The equipment covered under this exemption is limited to: lab

hoods, art class equipment, wood shop equipment in classrooms, wood fired pottery

kilns, and fuel‐burning units with a capacity of less than one million Btu per hour fuel

capacity. This exemption does not apply to incinerators.

(54)   Any container, storage tank, or vessel that contains a fluid having a maximum true

vapor pressure of less than 0.75 psia. “Maximum true vapor pressure” means the

equilibrium partial pressure of the material considering: For material stored at ambient

temperature, the maximum monthly average temperature as reported by the National

Weather Service, or for material stored above or below the ambient temperature, the

temperature equal to the highest calendar‐month average of the material storage

temperature.

(55) Fugitive dust emissions related to movement of passenger vehicles on unpaved road

surfaces, provided thatthe emissions are not counted for applicability purposes and that

any fugitive dust control plan or its equivalent is submitted as required by the Health

Officer.
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5‐39. Exemptions from Annual Operating Permit Requirement (continued).

(b) A permit shall not be required for the following equipment unless said permit is necessary to

comply with the requirements of the state's Prevention of Significant Deterioration (PSD) of air

quality regulations (IAC 567‐22.4(455B), Article VI, 5‐16(n) New Source Performance Standards

(40 CFR Part 60 NSPS), Article VI, 5‐16(p) Emission Standardsfor Hazardous Air Pollutants(40 CFR

Part 61 NESHAP), Article VIII, 5‐20 National Emission Standards for Hazardous Air Pollutants for

Source Categories (40 CFR Part 63 NESHAP), or the state's Special requirements for

Nonattainment Areas (IAC 567‐22.5(455B).

(1) Fuel‐burning equipment for indirect heating and reheating furnaces or cooling   units

using natural or liquefied petroleum gas exclusively, with a capacity of   lessthan10millionBtu

per hour input;

(2) Residential heaters, cook stoves, or fireplaces, which burn untreated wood, untreated,

seeds or pellets, or other untreated vegetative materials;

(3) Mobile internal combustion engines and jet engines, marine engines, and locomotives.

(4) Portable equipment used on farms or ranches for agricultural purposes.

(5) Equipment for which a compliance schedule has been negotiated pursuant to Article XI

of this Chapter.

(6)   An internal combustion engine burning exclusively natural gas with a brake

horsepower rating of less than 100 measured at the shaft.  For the purpose of  this

exemption, the manufacturer’s nameplate rating at full load shall be defined as the

brake horsepower output at the shaft.

5‐40.  Issuance of Annual Operating Permit (AQD).  

An operating permit shall be issued by the health officer when the health officer determines that the

equipment complies with the requirements of this chapter.  Said permit shall be in writing and shall be

sent by mail to the applicant.  The operating permitshall expire December 31st of each year and must be

renewed annually.   Operating permit applications will be provided by the health officer.  The completed

application shall be returned to the health officer within thirty (30) days of the date of the applicant's

receipt of the application form. A permit may be issued subjectto reasonable conditions and safeguards

which shall be specified in writing by the health officer.  Construction permit conditionsissued during the

permit term are automatically incorporated as operating permit conditions.

5‐41.  Denial of Annual Operating Permit (AQD).  

(a) In the event an application for an operating permit is denied, the applicantshall be so notified in

writing stating the reasons therefor.  Such a denial shall be without prejudice to the right of the

applicant to file further application or provide an additional performance test.  

(b) A operating permit application may be denied if:
ARTICLE X. PERMITS 

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(1) The health officer finds that a source is not in compliance with any applicable

requirement; or

(2) An applicant knowingly submits false information in a permit application.

(c) Once action has occurred denying a voluntary operating permit, the source shall apply for a Title

V operating permit.  Any source determined not to be eligible for a conditional operating permit

may be subject to enforcement action for operating without a Title V operating permit.

5‐42.  Annual Operating Permit not to Excuse Violation.  

The issuance of an operating permit shall not be construed to mean that the applicant and the subject

equipment need not meet the requirements of this chapter in the future norshall it be taken to excuse

noncompliance with the provisions of this chapter.  Further,such a permitshall not constitute a defense

to any action brought to enforce the provisions of this chapter.  

5‐43.  Inspection‐Annual Operating Permit.  

It shall be the duty of the health officer or designee to inspect all equipment for which an operating

permit has been issued to determine if the equipmentstill complies with the provisions of this chapter.  

5‐44.  Suspension of Annual Operating Permit (AQD).  

Whenever a notice of violation is issued as provided in section 5‐74 of this chapter, the health officer

may give further notice in writing that unless the provisions of the notice of violation are complied

with within a reasonable time, the permit will be suspended.  At the end of the period of time stated

in the notice of violation, the health officer shall reinspect the equipment and if he finds that the

provisions of the notice have not been complied with and the violations corrected, he shall give five

days notice in writing by certified mail, return receipt requested, to the owner or operator of the

equipment, that the permit is suspended.  The owner or operator of the equipment shall cease

operating the equipment on the date set forth in the notice.  

5‐45.  Termination of Suspension.  

A suspension will be terminated by the health officer upon completion of the following:

(1) Notification of the health officer by the owner or operator of the equipment that the

provisions of the notice of violation have been met;

(2) That upon reinspection the findings of the health officer demonstrate that full

compliance with the notice of violation has been met, in addition to continued

compliance with all provisions of this chapter;  

(3) When the requirements of (1) and (2) have been met, the health officer shall

reinstate the permit.  
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5‐46.  Additional Analysis.  

Whenever the health officer finds that an analysis of the emissionsfrom any source, in addition

to those tests provided in article VII of this chapter, is necessary to determine the extent and

amount of pollutants being discharged into atmosphere which cannot be determined by visual

observation, he may orderthe collection ofsamples and the analysismade by qualified personnel

of the APCD, or by another recognized laboratory, without additional expense to the owner or

operator of the source equipment.  

5‐47.  Submission of Information.  

To effectuate the purpose of this chapter, the health officer may require information about

points of emission of air contaminants, whether by duct,stack, flue, equipment, or by any other

means when such information is necessary for the conduct of the work of the health officer.  A

period of 30 daysshall be allowed for the submission ofsuch information.  However, in cases of

emergency, the health officer may designate any lesser time which he believes to be justified.  

5‐48.  Circumvention of Chapter Prohibited.  

No person shall build, erect, install, or use any article, machine, equipment or other contrivance

which, without resulting in a reduction in the total amount of air contaminants released to the

atmosphere, conceals an emission which would otherwise constitute violation of this chapter.  

5‐49  Temporary Electricity Generation for Disaster Situations.

An electric utility may operate generators at an electric utility substation with a total combined capacity

not to exceed 2 megawattsin capacity for a period of not longer than 10 calendar days and only for the

purpose of providing electricity generation in the event of a sudden and unforeseen disaster that has

disabled standard transmission of electricity to the public. Local Programapprovalshall be required ifthe

electric utility intendsto operate generatorsfor a period longerthan 10 calendar days. The electric utility

shall provide an oral report to the Local Program and shallspecify the anticipated duration within eight

hours of commencing use of a generator or at the start of the first working day following the placement

of a generator at each site. A written reportshall be submitted to the Local Program within 30 calendar

days following the cessation of use of the generators. The written report shall state the nature of the

sudden and unforeseen disaster, the location of each site, the number of generators used, the capacity

of the generators used, the fuel type of the generators, and the duration of use of each generator. For

purposes of this rule, the definition of “disaster” shall be as defined in this chapter, and a disaster may

occur before, with, or without a gubernatorial or federal disaster proclamation.
ARTICLE X. PERMITS 

DIVISION 2. OPERATING PERMITS 

111 

5‐50 EVIDENCE USED IN ESTABLISHING THAT A VIOLATION HAS OR IS OCURRING.

Notwithstanding any other provisions of these rules, any credible evidence may be used for the

purpose of establishing whether a person has violated or is in violation of any provisions herein.

Information from the use of the following methods is presumptively credible evidence of whether a

violation has occurred at a source:

(a)   A monitoring method approved for the source and incorporated in an operating permit;

(b)   Compliance test methods.

(c)   Testing or monitoring methods approved for the source in an issued construction permit.  

The following testing, monitoring or information‐gathering methods are presumptively credible

testing, monitoring, or information‐gathering methods:

(a) Any monitoring or testing methods provided in these rules; or

(b) Other testing, monitoring, or information‐gathering methods that produce information

comparable to that produced by any above.
ARTICLE X. PERMITS 

DIVISION 3 

112 

5‐51 through 5‐55 Reserved.
ARTICLE XI. COMPLIANCE SCHEDULES 

113 

5‐56.  Compliance Schedules Required.  

(a) When the health officer determinesthatthe emissionsfrom existing equipment do not meetthe

requirements of this chapter and that legal action as provided for in this chapter would be

inappropriate, he shall request that the owner or operator of the existing equipment submit a

compliance schedule.  The purpose of the compliance schedule isto allow a reasonable period of

time in which the owner or operator of the existing equipment can implement a program of

emission reduction by reconstruction or alteration in order to comply with the provisions of this

chapter.

(b) A compliance schedule submitted to the health officer pursuant to this chapter shall include a

written schedule forthe installation of pollution control devices orthe replacement or alteration

ofspecified facilitiesin such a way that emissions of air contaminants are reduced to comply with

the requirements of this chapter.  The schedule must include, as a minimum, the following five

increments of progress:

(1) The date of submittal of the final control plan to the health officer.

(2) The date by which contracts will be awarded for emission control systems, process

modification or the date by which orders will be issued for the purchase of component

parts to accomplish emission control or process modifications.  

(3) The date of initiation of on‐site construction or installation of emission control

equipment or process change.

(4) The date by which on‐site construction orinstallation of emission control equipment or

process modification is to be completed.

(5) The date by which final compliance is to be achieved.  Compliance schedules shall be

reviewed at least semi‐annually by the health officer.

(c) Failure to meet any increment of progress in the compliance schedule may result in the

disapproval of the program and appropriate legal action under this chapter.

(d) Each compliance schedule must be accompanied by the following written information:

(1) The name, address, and telephone number of the person submitting the application or,

if such person is a legal entity, the name and address of the individual authorized to

accept service of process on its behalf and the name of the person in charge of the

premises where the pertinent activities are conducted.

(2) The type of business or activity involved;
ARTICLE XI. COMPLIANCE SCHEDULES 

114 

(3) The nature of the operation or process involved, including information on the air

contaminants emitted, the chemical and physical properties ofsuch emissions, and the

estimated amount and rate of discharge of such emissions;

(4) The exact location of the operation or process involved;

(5) Action taken to control air contaminants within emission limitations in effect prior to

October 1, 1978.

(6) Efficiency of any existing control equipmentrelative to that which would be required to

meet emission limitation of this chapter;

(7) Temporary interim control measuresintended to be taken tominimize existing pollution

levels;

(8) Each compliance schedule shall bear the signature of the person submitting the

compliance schedule, following an affirmation that allstatements are true and correct;

(e) Within thirty (30) daysfollowing the submittal ofthe compliance schedule,the health officer will

determine if the compliance schedule demonstrates satisfactory progress towards the

elimination or prevention of air pollution, the health officershallsubmit in writing hisfindingsto

the applicant indicating the following:

(1) Approval of the compliance schedule.  The health officer shall approve the

compliance schedule when it concludes that such action is appropriate and if it can

be shown that the effect of the air contaminant emission presents no immediate

hazard to the public health, safety or welfare.  The compliance schedule may be

granted approval subject to conditions specified by the health officer; or

   

(2) Denial of a compliance schedule.  The health officershall deny approval of a compliance

schedule when it concludes that the schedule is not appropriate or that such action is

required to prevent a hazard to the public health, safety or welfare.  A denial shall be

without prejudice to the right of the applicant to request a hearing before the assigned

hearing officer.

5‐57.  Progress Reports Required.

(a) Reports indicating the progress of any reconstruction programs, alterations or other plans to

bring existing equipment into compliance with this chapter shall be submitted quarterly to

the health officer by any person subject to an approved compliance schedule.

(b) If the progress of the program is deemed by the health officer to be unsatisfactory because
ARTICLE XI. COMPLIANCE SCHEDULES 

115 

he finds either;

(1) No progress has been made, or

(2) The amount of progress shown indicates an insincere attempt to comply with the terms of

this chapter, or  

(3) The program intended to be pursued would not reasonably bring the equipment into

compliance with the terms of this chapter, or  

(4) The program intended to be pursued would not reasonably bring the equipment into

compliance with the terms of this chapter, or  

(5) The program while sufficient to bring the equipment into compliance with the terms of

this chapter is nevertheless designed or established so as to consume an inordinate or an

unreasonable amount of time to bring the equipment into compliance.   

Upon a determination of unsatisfactory progress the health officer may deny or suspend the

compliance schedule and to institute appropriate legal proceedings to enforce this chapter.
ARTICLE XI. COMPLIANCE SCHEDULES 

116 
ARTICLE XII. NON ATTAINMENT AREAS 

117 

5‐58  Special Requirements for Non‐Attainment Areas.

There isincorporated by thisreference the "Special Requirements ForNonattainment Areas" asspecified

in Rule 567‐22.5(455B) Iowa Administrative Code, in its entirety, and to include any amendments or

changes through July 21, 1999.
ARTICLE XIV. BOARD OF HEALTH/HEALTH OFFICER 

118 

5‐59  Application for Variance.

A person may make application for a variance from applicable rules orstandardsspecified in this chapter.

(a) Contents.  Each application for a variance shall be submitted to the health officer stating the

following:

(1) The name, address and telephone number ofthe person submitting the application, orif

such person is a legal entity, the name and address of the individual authorized to

accept service of process on its behalf and the name of the person in charge of the

premises where the pertinent activities are conducted.

(2) The type of business or activity involved.

(3) The nature of the operation or process involved; including information on the air

contaminants emitted, the chemical and physical properties ofsuch emissions and the

estimated amount and rate of discharge of such emissions.

(4) The exact location of the operation or process involved.

(5) The reason or reasons for considering that compliance with the provisions specified in

these rules will produce serious hardship without equal or greater  

    benefits to the public, and the reasons why no other reasonable method can                

           be used for such operations without resulting in a hazard to health or                                     

property.

(6) Each application shall bearthe signature of the person making the application following

an affirmation that all statements are true and correct.

(b) Variance extension.  The request for extension of a variance shall be accompanied by a

compliance schedule as specified in Division 31, Section 5‐56.

5‐60  Processing of Application for Variance.

A. Each application for a variance and its supporting material shall be reviewed and an

investigation of the facilities shall be made by the Air Quality Division, for evaluation of whether or

not the emissions involved will produce the following effects:

(a) Endanger human health.  Endanger or tend to endanger the health of persons residing in or

otherwise occupying the area affected by said emissions.

(b) Create safety hazards.  Create or tend to create safety hazards, such as (but not limited to)

interference with traffic due to reduced visibility.
ARTICLE XIV. BOARD OF HEALTH/HEALTH OFFICER 

119 

(c) Damage to livestock or plant life.  Damage ortend to damage any livestock harbored on, or plant

life on, property that is affected by said emissions and under other ownership.

(d) Damage property.  Damage or tend to damage any property on land that is affected by said

emissions and under other ownership.

B. Trial Burns for Alternative Fuels.

An alternative fuel shall be defined as a fuel for which the emissions from combusting the fuel are

not known and shall exclude natural gas, coal, liquid propane, and all petroleum distillates.

(a)  Variance from construction permit. The health officer may grant a variance for the purpose of

testing an alternative fuel and quantifying the emissions from the alternative fuel, except as

prohibited under 5‐61Decision., (c), (d) and (e).  

(b) Baseline testing.  The applicant may be required to submit baseline emission data for all applicable

pollutants as a condition of approval.

(c)  Source testing. Emissions testing deemed necessary for any pollutant may be required as a

condition of the variance.

5‐61  Decision.

(a) Granting of variance.  The health officershall grant a variance when the health officer concludes

that the action is appropriate.  The variance may be granted subject to conditions specified by

the health officer.    The health officer shall specify the time intervals as are considered

appropriate for submission of reports on the progress attained in the compliance schedule.

(b) Denial of variance.  The health officer shall deny a variance when the health officer concludes

that the action is appropriate.   

(c) Variance from new source performance standards not allowed.  No variance shall be granted to a

source to which 5‐16(n) applies.

(d) Variance from federal Prevention of Significant Deterioration (PSD) program standards or from

case‐by‐case Maximum Achievable Control Technology (MACT) standards are not allowed.

(e) In no instance will a variance be granted for a period exceeding twelve months.
ARTICLE XIV. BOARD OF HEALTH/HEALTH OFFICER 

120 

5‐62.  Duties Generally.

A. In addition to the specific duties of the health officer,set forth in this chapter, itshall be the duty

of the health officer or designee to:

(1) Hold hearings when necessary and issue specific written decisions;

(2) Generally supervise the administration and enforcement of this chapter;

(3) Recommend legal proceedings to be taken in appropriate cases when deemed

necessary;

(4) Issue specific orders or recommendations consistent with this chapter.

B. In addition to the specific duties of the board of health, set forth in this chapter, it shall be the

duty of the board of health or designee to:

(1) Hold hearings on appeal of an order issued by the hearing officer and issue specific

written decisions;

(2) After the hearing on appeal, the board of health or designee may affirm, modify or

rescind the order of the hearing officer.

(3) Generally supervise the administration and enforcement of this chapter;

5‐63.  Complaints Filed.

Any person claiming to be aggrieved by any notice served upon him underthis chapter may file with the

health officer a written complaint, requesting a hearing before the assigned hearing officer.    Such

complaint must be so filed within twenty (20) days after a person receivessuch a notice.  Afterreceiving

a complaint, the health officershall forthwith notify the assigned hearing officer ofsuch complaint.  The

health officershallset a time, place, and date of hearing on the complaint, and notify the complainant of

this fact not less than three days before the date.

5‐64.  Sealing – Sealing of Offending Equipment.

After three notifications of the same violation of this chapter within a twelve (12) month period in

respect to the emission of air contaminants from the same source, a violator shall be notified to show

cause before the board of health within twenty (20) days why the offending equipment should not be

sealed.  The hearing shall be conducted in the same manner as prescribed in section 5‐ 65 ofthis chapter.

If upon a hearing, the hearing officer findsthat a violation exists and that corrective measures have not

been taken, the hearing officer may authorize and direct the Polk County Attorney to institute legal

proceedings in a court of competent jurisdiction to cause the offending equipment to be sealed.  This

process shall not preclude injunctive actions by the health officer.

5‐65.  Hearing.

At such hearing, the complainant shall be afforded a full opportunity to be heard, have the right to

produce witnesses, and to be represented by counsel.  After hearing allrelevant evidence and reviewing
ARTICLE XIV. BOARD OF HEALTH/HEALTH OFFICER 

121 

the actions of the health officer, and if reasonable grounds exist, the hearing officer may modify or

rescind the order or notice ofthe health officer or may order compliance with said order or notice within

a specified period of time.  The decision of the hearing officershall be transmitted in writing to both the

complainant and the health officer within ten (10) days after the hearing.

A. Hearing Procedure .

1. At all non‐appellate hearings prescribed by section 5‐65 the Local Program Director, or his

designee, shall preside as the hearing officer.

2. If a party fails to appear after having been properly notified, the hearing officer may proceed

with the hearing and enter a decision in the absence of the party.  The parties, at hearing,

shall be the owner, permit‐holder or applicant for a permit, AND the health officer, air permit

engineer, air quality specialist involved.

3. The hearing officer shall swear the parties and their witnesses, and examine them in such a

way as to bring out the truth.  The hearing officer shall make detailed minutes of the

testimony, or may electronically record it.  The parties may participate, either personally or

by attorney.  The hearing officer may continue the hearing from time to time.

4. Unless precluded by Polk County Board of Health Rules and Regulation, Chapter 5, informal

disposition may be made of any case, by stipulation, agreed settlement, consent order or

default or by any other method agreed upon by the parties in writing.

5. The record in each case shall include:

a. The minutes made by the hearing officer, or the electronic recording of the meeting and

all other submissions;

b. Copies of all documents served upon or mailed to the owner by the Local Program;

c. A statement of all matters officially noticed;

6. All hearings shall be open to the public.  The record of the hearing shall be filed and

maintained by the Local Program for at least five (5) years from the date of decision.

7. Findings of fact shall be based solely on the evidence in the record and on matters officially

noticed in the record.

8. The hearing shall be simple and informal, and shall be conducted by the hearing officer,

without regard to technicalities of procedure.
ARTICLE XIV. BOARD OF HEALTH/HEALTH OFFICER 

122 

B. Evidence.

1. Irrelevant, immaterial or unduly repetitious evidence should be excluded.  A finding shall be

based upon the kind of evidence on which reasonably prudent persons are accustomed to

rely for the conduct of their serious affairs, and may be based upon such evidence even if it

would be inadmissible in a jury trial.  The hearing officer shall give effect to the rules of

privilege recognized by law.  Objections to evidentiary offers may be made and shall be noted

in the record.  Subject to these requirements, when a hearing will be expedited and the

interests of the parties will not be prejudiced substantially, any part of the evidence may be

required to be submitted in verified written form.

2. Documentary evidence may be received in the form of copies or excerpts, if the original is not

readily available.  Upon request, parties shall be given an opportunity to compare the copy

with the original, if available.

3. Witnesses at the hearing, or persons whose testimony has been submitted in written form if

available, shall be subject to cross examination by any party as necessary for a full and true

disclosure of the facts.

4. Official notice may be taken of all facts of which judicial notice may be taken and of other

facts within the specialized knowledge of the Local Program.  Parties shall be notified at the

earliest practicable time of the facts proposed to be noticed and their source, including any

staff memorandum or data, and the parties shall be afforded an opportunity to contest such

facts before the decision is announced unless the hearing officer determines as a part of the

record or decision that fairness to the parties does not require an opportunity to contest such

facts.

5. The Local Program’s experience, technical competence and specialized knowledge may be

utilized in evaluation of the evidence.

C. Decision/Order.

The decision/order required of the hearing officer by Polk County Board of Health Rules and

Regulation, Chapter V‐Air Pollution  shall constitute a final decision.

Any person aggrieved by the decision of the hearing officer may appealsuch decision to the Board of

Health or Polk County District Court within thirty (30) daysfor review ofsuch decision.  Such review

shall be de novo.

5‐66.  Effect of Complaint.

After a complaint is filed under this article, the health officer shall stay all proceedings until he has

received a report from the hearing officer, prepared pursuant to section 5‐ 65 of this chapter.
ARTICLE XIV. BOARD OF HEALTH/HEALTH OFFICER 

123 

5‐67.  Judicial Review.

Any person aggrieved by the decision of the hearing officer may appealsuch decision to the Polk County

District Court within 30 days for review of such decision.  Such review shall be de novo.
ARTICLE XV. EMERGENCY AIR POLLUTION EPISODES 

124 

5‐68.  MONITORING DURING EMERGENCY AIR POLLUTION EPISODES.

The health officer may, whenever be determines that there exists a concentration and duration of air

pollution in the county that constitutes an emergency air pollution episode and represents a health

hazard to the residents of the area, and shall upon notification of such emergency to the appropriate

state official or agency, initiate continuous monitoring of air pollution and be guided by the criteria set

forth in this article.

5‐69.  NOTICE TO STATE OFFICIALS.

The health officer shall notify the appropriate state official or agency upon such detection by such

monitoring of levels of air contaminants which violate applicable state rules.

5‐70.  ACTION IN EMERGENCIES.

Upon declaration of air pollution episodes by the appropriate state officials or agency,the health officer

shall institute monitoring and inspection ofthose air contaminantsources which must curtail orsuspend

operation undersuch declaration of an air pollution episode and orderissued,to determine compliance

with such declaration and orders there under.

5‐71.  NOTICE OF COMPLIANCE.

The health office shall notify the appropriate state official or agency of the level of compliance with

declarations of air pollution episodes and orders and of any apparent violations thereof, and shall

cooperate with an enforcement proceedings ofsuch declarations and orders by providing witnesses and

evidence concerning any such apparent violations.

5‐72.  AIR POLLUTION EPISODE WARNING TO RESIDENTS.

Upon declaration of any level of an air pollution episode by the appropriate state official or agency, the

health officer shall issue an appropriate air pollution episode warning to the residents of the area; and

shall take necessary actionsto prohibit or diminish air pollution emissionsfrom an and allsourcesin the

area for the duration of such air pollution episode.
ARTICLE XVI. NUISANCE ABATEMENT AND ENFORCEMENT 

125 

5‐73. EMISSIONS IN EXCESS OF LIMITATIONS OF THIS CHAPTER DECLARED TO BE A PUBLIC

NUISANCE.

It shall be unlawful for any person to cause, allow, or permit the escape of such quantities of gases or

particulate matterfrom any source whatsoeverin excess ofthe limitationssetforth in this chapter and in

such a manner asto be detrimental to the public or to endanger health, welfare, orsafety of the public,

or in such a manner asto cause injury or damage to property or business.  The escape ofsuch matter is

declared to be a public nuisance and may be ordered abated by the health officer.

5‐74.  NOTICE OF VIOLATION.

A.    Notice Of Violation (NOV). Wheneverthe health officer determinesthatthere are reasonable

grounds to believe that the owner or operator of any equipment is maintaining such fuel‐burning

equipment, incinerator orrefuse‐burning, process or control equipment or other equipmentin violation

of any section of this chapter, orthat a violation of this chapter exists, the health officershall give notice

of such alleged violation to the owner or operator of such equipment or person who is violating this

chapter.  Such notice shall:

(1) Be put in writing;

(2) State the specific violation alleged;

(3) Allow a reasonable time for the performance of any correction the health officer may require to

comply with the provisions of this chapter.

(4) Be mailed to the owner or operator of the equipment or violator.  Such mailing shall be deemed

sufficient service;

(5) If deemed advisable by the health officer, contain an outline of corrective action which, if

accomplished, will effect compliance with the provisions of this chapter.

5‐75.  PENALTY.

Unless another penalty is expressly provided by this Regulation for the particular provision, section or

Regulation, any person violating any provision of this Regulation, or any rule or Regulation adopted

or issued in pursuance thereof, or any provision of any code adopted herein by reference shall, upon

conviction, be subject to one of the following:

A.   Criminal

(1).    A person who knowingly violates any provision of this chapter, any permit, rule, standard, or

order issued under this chapter, or any condition or limitation included in any permit issued under

this chapter, is guilty of an aggravated misdemeanor. A conviction for a violation is punishable by a

fine of not more than ten thousand dollars for each day of violation or by imprisonment for not more

than two years, or both. If the conviction is for a second or subsequent violation committed by a

person under this section, however, the conviction is punishable by a fine of not more than twenty

thousand dollars for each day of violation or by imprisonment for not more than four years, or by

both.  

(2).    A person who knowingly makes any false statement, representation, or certification of any
ARTICLE XVI. NUISANCE ABATEMENT AND ENFORCEMENT 

126 

application, record, report, plan, or other document filed or required to be maintained under this

chapter, or by any permit, rule, standard, or order issued under this chapter or who falsifies, tampers

with, or knowingly renders inaccurate any monitoring device or method required to be maintained

under this chapter, or by any permit, rule, standard, or order issued under this chapter, or who

knowingly fails to notify or report as required by this chapter or by any permit, rule, standard, or

order issued under this chapter, or by any condition or limitation included in any permit issued under

this chapter, is guilty of an aggravated misdemeanor punishable by a fine of not more than ten

thousand dollars per day per violation or by imprisonment for not more than one year, or by both. If

the conviction is for a second or subsequent violation committed by a person under this paragraph,

however, the conviction is punishable by a fine of not more than twenty thousand dollars for each

day of violation or by imprisonment for not more than two years, or by both.  

(3). A person who knowingly fails to pay any fee owed under any provision of this chapter, or any

permit, rule, standard, or order issued under this chapter, is guilty of an aggravated misdemeanor

punishable by a fine of not more than ten thousand dollars per day per violation or by imprisonment

for not more than six months, or by both. If the conviction is for a second or subsequent violation

under this paragraph, however, the conviction is punishable by a fine of not more than twenty

thousand dollars for each day of violation or by imprisonment for not more than one year, or by

both.  

(4).    A person who negligently releases into the ambient air any hazardous air pollutant or

extremely hazardous substance, and who at the time negligently places another person in imminent

danger of death or serious bodily injury shall, upon conviction, be punished by a fine of not more

than twenty‐five thousand dollars for each day of violation or by imprisonment for not more than

one year, or by both. If the conviction is for a second or subsequent negligent violation committed by

a person under this section, however, the conviction is punishable by a fine of not more than fifty

thousand dollars for each day of violation or by imprisonment for not more than two years, or by

both.  

(5).    A person who knowingly releases into the ambient air any hazardous air pollutant or

extremely hazardous substance, and who knows at the time that the conduct places another person

in imminent danger of death or serious bodily injury shall, upon conviction, if the person committing

the violation is an individual or a government entity, be punished by a fine of not more than fifty

thousand dollars per violation or by imprisonment for not more than two years, or by both. However,

if the person committing the violation is other than an individual or a government entity, upon

conviction the person shall be punished by a fine of not more than one million dollars per violation. If

the conviction is for a second or subsequent violation under this paragraph, the conviction is

punishable by a fine or imprisonment, or both, as consistent with federal law.  
ARTICLE XVI. NUISANCE ABATEMENT AND ENFORCEMENT 

127 

B. Civil.

   

(1) A penalty as determined by the Court, not to exceed ten thousand dollars per day for each

day such violation continues as provided in Section 455B.146 Code of Iowa.  A separate violation

exists with respect to each item or piece of equipment which is not in compliance with this Chapter.  

A repeat offense is a violation of any provision of this Chapter, or any rule or regulation adopted or

issued in pursuance hereof, or any provision of any code adopted by reference herein, by a person

who has previously admitted the infraction or been found in a criminal or civil court to have violated

the same provision.  

(2) The Health Officer shall normally request a civil penalty in accordance with the following

schedule, unless, in the professional judgment of the Health Officer, the violation is so minor that a

lesser penalty would be appropriate:

Civil Penalty Schedule First Offense Second Offense Third or

Subsequent

Offense

Violation on the premises of a single

or two‐family dwelling, by the owner

or a resident of that dwelling.

$100.00 $500.00 $1,000.00

All other violations

No apparent economic gain as a

result of the violation and no

apparent malice involved.

$500.00 $1000.00 $2000.00

Economic gain by the violator and

probable knowledge that the action

was a violation.

$1000.00 $2000.00 $4000.00

Blatant disregard for the

environment causing considerable

environmental damage, or

intentional violation for large

economic gain

$2000.00 $4000‐$5000.00 $8000‐$10,000.00

Violations of any provision of this

chapter, any permit, rule, standard,

or order issued under this chapter, or

any condition or limitation included

in any permit issued under this

chapter.

$1000‐$2000.00 $4000‐$5000.00 $8000‐$10,000.00
ARTICLE XVI. NUISANCE ABATEMENT AND ENFORCEMENT 

128 

Submission of false statements,

representations, or certifications of

any application, record, report, plan,

or other document filed or required

to be maintained under this chapter,

or by any permit, rule, standard, or

order issued under this chapter or

who falsifies, tampers with, or

knowingly renders inaccurate any

monitoring device or method

required to be maintained under this

chapter, or by any permit, rule,

standard, or order issued under this

chapter, or who knowingly fails to

notify or report as required by this

chapter or by any permit, rule,

standard, or order issued under this

chapter, or by any condition or

limitation included in any permit

issued under this chapter

$1000‐$2000.00 $4000‐$5000.00 $8000‐$10,000.00

Failure to pay any fee owed under

any provision of this chapter, or any

permit, rule, standard, or order

issued under this chapter

$1000.00 $2000.00 $4000.00

5‐76.  ACTION TO ENJOIN.

In addition to the penalties provided for in Section 5‐75 of this chapter, when any equipment

structure, device or premises are constructed, altered, operated, or maintained in violation of

this chapter, or when a nuisance exists, or when there has been any other violation of the

provisions ofthis chapter,the health officer may requestthe Polk County attorney to bring suitin

a court of competentjurisdiction to preventsuch unlawful construction, alteration, operation, or

maintenance, or to restrain, correct, or abate such violation or nuisance.
ARTICLE XVII. EFFECT OF PARTIAL INVALIDITY 

129 

5‐77.  SEVERABILITY.

The provisions ofthis chapter are severable and if any provision,sentence, clause,section or partthereof

shall be held illegal, invalid or unconstitutional or inapplicable to any person or circumstances, such

illegality, unconstitutionality, orinapplicability shall not affect orimpair any ofthe remaining provisions,

sentences, clauses,sections or parts ofthe chapter orthis application to other persons or circumstances.

It is hereby declared to be the legislative intent that this chapter would have been adopted if such

illegal, invalid or unconstitutional provision, sentence, clause, section or part and not been included

therein and if the person or circumstancesto which the chapter or any partthereof is applicable and had

been specifically exempted there from.